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SPEARS v. HUDDLESTON

508 P.2d 438 (1973)

K.A. SPEARS, Appellant, v. M.A. HUDDLESTON, Also Known As Marion A. Huddleston, and Carrie Lee Huddleston, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided April 2, 1973.

Attorney(s) appearing for the Case

Raymond J. Salisbury, Grants Pass, argued the cause for appellant. On the briefs were Schultz, Salisbury & Cauble, Grants Pass.

William H. Ferguson, Medford, argued the cause for respondents. With him on the brief were Grant & Ferguson, Medford.

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

TONGUE, Justice.

This is an action on a promissory note to collect an alleged balance of $1,543.71, in which defendants filed a counterclaim to recover the amount of an alleged overpayment of $3,706.56. The note was secured by a chattel mortgage on certain trucks and trailers which were later repossessed and sold by plaintiff.

Defendants' counterclaim alleged that plaintiff repossessed one of the trucks and trailers on January 11, 1966, but did not sell them...

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