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WILSON v. CLARK

464 P.2d 683 (1970)

Chan WILSON, Dba Chan Wilson Equipment Sales, Appellant, v. William O. CLARK, Dba Clark Logging Company, Defendant, Weyerhaeuser Company, a Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 4, 1970.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellant. With him on the briefs were Charles L. Kobin and Kobin & Meyer, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were George L. Kirklin and McColloch, Dezendorf, Spears & Lubersky, Portland.

HOLMAN, Justice.

Plaintiff brought suit to foreclose a logger's lien. Defendant Clark defaulted. Plaintiff appealed from a decree entered in favor of defendant Weyerhaeuser after the court sustained Weyerhaeuser's demurrer to plaintiff's complaint.

Plaintiff was an equipment dealer. Clark was a logger. Weyerhaeuser engaged Clark to log timber which it owned. Plaintiff leased equipment to Clark which was utilized in the logging of the timber with the knowledge...

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