STREET v. BATE PLYWOOD COMPANY


497 P.2d 859 (1972)

Willard J. STREET and Elsie K. Street, Husband and Wife, Appellants, v. BATE PLYWOOD COMPANY, Inc., an Oregon Corporation, Formerly Bate Lumber Company of Oregon, an Oregon Corporation, Respondent.

Supreme Court of Oregon.

Decided June 1, 1972.


Attorney(s) appearing for the Case

Lee M. Zittenfield, Portland, argued the cause for appellants. With him on the brief were Lekas, Dicey & Marandas, Portland.

Donald F. Myrick, Grants Pass, argued the cause for respondent. On the brief were Donald H. Coulter, and Myrick, Coulter, Seagraves & Nealy, Grants Pass.

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


BRYSON, Justice.

This is an appeal of two consolidated cases between the same parties based on a contract and an alleged timber trespass which occurred following the years 1955 and 1957. Plaintiff contends the only question on appeal is whether "the court erred in denying plaintiffs' motions to set aside orders of dismissal as said orders were based on erroneous assumptions which were pointed out to the trial court."

A review of the pleadings and record establishes...

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