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IMPERIAL CARPET MILLS, INC. v. HAWLEY

497 P.2d 658 (1972)

IMPERIAL CARPET MILLS, INC., Respondent, v. Boyd N. HAWLEY and Hazel M. Hawley, Appellants.

Supreme Court of Oregon.

Decided June 1, 1972.

Attorney(s) appearing for the Case

Kent Whitaker, Portland, argued the cause for appellants. On the briefs were Frank L. Whitaker, Whitaker & Whitaker, Portland.

William C. Oglivy, Portland, argued the cause for respondent. With him on the brief were Wheelock, Richardson, Niehaus, Baines & Murphy, Portland.

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

O'CONNELL, Chief Justice.

This is an action to recover the value of carpeting delivered to defendants by the plaintiff. Defendants appeal from a judgment for plaintiff.

Defendants entered into a contract with Portland Home Center for the installation of carpets and drapes in an apartment complex which defendants were then constructing. Mr. George Danner represented Portland Home Center in this transaction. Defendants paid $6,000 in advance to Danner, $1,000...

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