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HOLVEY v. STEWART

509 P.2d 17 (1973)

Robert HOLVEY and Margaret Holvey, Respondents, v. Eugene A. STEWART, Appellant.

Supreme Court of Oregon.

Decided April 19, 1973.

Attorney(s) appearing for the Case

David F. Lentz, Eugene, argued the cause for appellant. With him on the briefs was Alan R. Mitchell, Eugene.

Gary J. Susak, La Grande, argued the cause for respondents. With him on the brief were Carey & Gooding, P.C., La Grande.

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

DENECKE, Justice.

This appeal concerns what defendant has labeled his "cross-complaint." In this pleading defendant alleged he was plaintiffs' partner in the construction and sale of certain apartments. Defendant asked that an accounting be made by plaintiffs; that the partnership be dissolved; and that he receive one-half of the partnership assets and his contribution. The trial court held the partnership was limited to one 8-unit

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