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UNION BOND & TRUST CO. v. M & M WOOD WORKING CO.

474 P.2d 339 (1970)

UNION BOND AND TRUST COMPANY AND A.K. WILSON, Plaintiffs-Appellants, v. M AND M WOOD WORKING COMPANY, Simpson Redwood Company and Simpson Timber Company, Defendants-Respondents, Ralph Hull, Defendant-Appellant, A.K. Wilson Lumber Company, Coast Redwood, Inc. and Paul W. Sampsell, Defendants.

Supreme Court of Oregon.

Decided September 11, 1970.

Attorney(s) appearing for the Case

George L. Wagner, Portland, argued the cause for plaintiffs-appellants. With him on the briefs were McColloch, Dezendorf, Spears & Lubersky and James C. Dezendorf, Portland.

LaVerne M. Johnson, Corvallis, argued the cause for defendant-appellant. With him on the briefs were Thomas & Johnson, Corvallis.

Richard K. Bush, Seattle, Wash., argued the cause for defendants-respondents. With him on the brief were Sabin, Newcomb, Sabin & Meyer, and Roger L. Meyer, Portland, and Ryan, Carlson, Bush, Swanson & Hendel, Seattle, Wash.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, DENECKE, TONGUE and HOWELL, JJ.

TONGUE, Justice.

This is a suit in equity for specific performance of a contract for the sale of timber, with an alternative demand for $11,000,000 as damages for breach of that contract. After 21 days of testimony a decree was entered in favor of defendants M and M Wood Working Company and Simpson Redwood Company. Plaintiffs appeal, as does defendant Ralph Hull, who was also named as a defendant.

The original complaint was filed on December 1, 1961, by Union...

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