CREDIT SERVICE COMPANY v. STIERLY


495 P.2d 270 (1972)

CREDIT SERVICE COMPANY, a Corporation, Appellant, v. Dorothy A. STIERLY, Defendant, Ernest P. Stierly, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 4, 1972.


Attorney(s) appearing for the Case

Morton A. Winkel, Portland, argued the cause and filed the briefs for appellant.

Stephen B. Herrell, Portland, argued the cause for respondent. With him on the brief were McMenamin, Jones, Joseph & Lang, Portland.


HOWELL, Justice.

Plaintiff first filed this action in the district court against defendants, a divorced husband and wife, to recover the purchase price of merchandise purchased by the wife during the marriage. Service of summons was made on the husband only.

The defendant husband filed a general denial and also alleged as an affirmative defense that he and his wife separated in September, 1968, and were divorced on March 21, 1969, and that he was not responsible...

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