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TIMBERLINE EQUIPMENT COMPANY, INC. v. DAVENPORT

514 P.2d 1109 (1973)

TIMBERLINE EQUIPMENT COMPANY, INC., Respondent, v. Kenneth L. DAVENPORT, Jr., and John R. Gorman, Defendants, Forrest G. Bennett, Dba Aero-Fabb Co., Appellant.

Supreme Court of Oregon, In Banc.

Decided October 11, 1973.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellant. With him on the brief was Robert R. Lohman, West Linn.

Stanley R. Loeb, Portland, argued the cause for respondent. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, Portland.

DENECKE, Justice.

Plaintiff brought this action for equipment rentals against the defendant Dr. Bennett and two others. In addition to making a general denial, Dr. Bennett alleged as a defense that the rentals were to a de facto corporation, Aero-Fabb Corp., of which Dr. Bennett was an incorporator, director and shareholder. He also alleged plaintiff was estopped from denying the corporate character of the organization to...

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