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DAVIS v. ALVORD

502 P.2d 1384 (1972)

James O. DAVIS, Respondent, v. Ralph E. ALVORD, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 16, 1972.

Attorney(s) appearing for the Case

Brian W. O'Brien, Portland, argued the cause and filed a brief for appellant.

H.W. Devlin, McMinnville, argued the cause and filed a brief for respondent.

DENECKE, Justice.

Plaintiff brought this action upon an account stated. The trial court, sitting without a jury, denied defendant's motion for a nonsuit and entered judgment for the plaintiff. The only assignment of error is the denial of the motion for a nonsuit.

Defendant contends there was no evidence from which the trial court could find an account stated. We find to the contrary.

"`[A] statement of the same [account] rendered by one to the other...

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