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FLEISHMAN v. KRAUSE, LINDSAY & NAHSTOLL

495 P.2d 268 (1972)

Helene FLEISHMAN, Appellant, v. KRAUSE, LINDSAY & NAHSTOLL, a Co-Partnership Consisting of Donald G. Krause Individually and As Executor of the Estate of Gunther F. Krause, Deceased, et al., Respondents.

Supreme Court of Oregon.

Decided April 4, 1972.

Rehearing Denied May 10, 1972.

Attorney(s) appearing for the Case

Reuben Lenske, Portland, argued the cause and filed the briefs for appellant.

William H. Morrison, Portland, argued the cause for respondents. With him on the brief were Howard K. Beebe and Morrison, Bailey, Dunn, Cohen & Miller, and George M. Joseph, and Bemis, Breathouwer & Joseph, Portland.

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

HOWELL, Justice.

The sole issue in this case is whether plaintiff's lawsuit is in equity or at law. If it is at law, then plaintiff was entitled to a jury trial, and we must reverse.

Plaintiff was a client of the defendants, a law partnership. In her complaint she alleges the following:

"On or about June 9, 1967 defendants received as a trust for plaintiff the sum of $19,868.05, which consisted of the proceeds of the sale of plaintiff's home.

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