SHEPHERD v. ALLEN


478 P.2d 369 (1970)

James C. SHEPHERD, Appellant, v. Vernon ALLEN, Respondent.

Supreme Court of Oregon, Department 2.

Decided December 23, 1970.


Attorney(s) appearing for the Case

A.J. Morris, Eugene, argued the cause for appellant. With him on the briefs were Bailey, Hoffman, Morris & Van Rysselberghe, Eugene.

Randolph Slocum, Roseburg, argued the cause and filed the brief for respondent.

Before O'CONNELL, C.J., and DENECKE, TONGUE and BRYSON, JJ.


TONGUE, Justice.

This is an action in two counts for money had and received. The case was tried before the court, sitting without a jury. The court found that plaintiff had "not proved his causes by a preponderance as to either cause" and that the first count was also barred by the statute of limitations. Plaintiff appeals from the resulting judgment for defendant.

The first count of plaintiff's complaint alleges that on June 6, 1962, plaintiff "advanced"...

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