KELLY v. McBARRON


482 P.2d 187 (1971)

Dick KELLY, Dba Kelly Lumber Sales Company, Appellant, v. Dana McBarron, Dba Dana McBarron Wholesaler Lumber Specialties and Danadeck, Inc., an Oregon Corporation, Respondents.

Supreme Court of Oregon.

Decided March 10, 1971.


Attorney(s) appearing for the Case

Vincent G. Robeson, Lake Oswego, argued the cause and filed a brief for appellant.

Raymond J. Salisbury, Grants Pass, argued the cause for respondents. With him on the brief were Schultz & Salisbury, Grants Pass.

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


HOLMAN, Justice.

Plaintiff filed an action for damages alleging that defendants had wrongfully and maliciously filed a mechanic's lien. The case was tried by the court without a jury. The trial judge found for the defendants and plaintiff appealed.

Plaintiff and the defendant McBarron were lumber brokers. The corporate defendant was the creature of the defendant McBarron, who hereinafter will be referred to as if he were the sole defendant. Plaintiff, a resident...

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