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BELLEVILLE v. DAVIS

498 P.2d 744 (1972)

Rex BELLEVILLE, Respondent, v. Marvin DAVIS, Appellant, and Robert N. Davis, Defendant.

Supreme Court of Oregon, In Banc.

Decided June 22, 1972.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. With him on the briefs were Bemis, Breathouwer & Joseph, Portland.

Frederick T. Smith, Portland, argued the cause for respondent. With him on the brief were Dusenbery, Martin, Bischoff & Templeton, and David P. Templeton, Portland.

TONGUE, Justice.

This is a suit for specific performance of a contract for the sale of a one-half interest in a Broadway Cab. The complaint also prayed for actual and punitive damages. The trial judge entered a decree of specific performance against both defendants and awarded $1,000 in punitive damages against defendant Marvin Davis, who is the sole appellant in this court.

The first and primary issue to be decided is whether, under the evidence, plaintiff...

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