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MILTON J. WERSHOW CO. v. McVEETY MACHINERY CO.

500 P.2d 696 (1972)

MILTON J. WERSHOW CO., an Oregon Corporation, Appellant, v. MCVEETY MACHINERY COMPANY (OF OREGON), an Oregon Corporation, and John A. McVeety, Respondents, McVeety Machinery Company, a Washington Corporation, and Harry A. McVeety, Defendants.

Supreme Court of Oregon, In Banc.

Decided September 8, 1972.

Attorney(s) appearing for the Case

Ted E. Runstein, Portland, argued the cause for appellant. On the briefs were Christopher P. Thomas, and Kell & Alterman, Portland.

Thomas O. Carter, Portland, argued the cause for respondents. With him on the brief were Rask, Hefferin & Carter, Portland.

DENECKE, Justice.

Plaintiff brought this contract action which was settled before trial. As part of the settlement a default judgment was entered against the defendant McVeety Machinery Company (of Oregon). After the default judgment had been entered defendants' counsel recalled that McVeety Machinery Company had filed a bond discharging an attachment made by the plaintiff in the action. The parties to the bond would be required...

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