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NORTHWEST FDRY. & F. CO. v. WILLAMETTE MFG. & SUP.

521 P.2d 545 (1974)

NORTHWEST FOUNDRY & FURNACE CO., an Oregon Corporation, Respondent, v. WILLAMETTE MANUFACTURING & SUPPLY CO., Inc., an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 11, 1974.

Attorney(s) appearing for the Case

Bert E. Joachims, Portland, argued the cause for appellant. With him on the briefs were Klosterman & Joachims, Portland.

Carlton W. Hodges, Portland, argued the cause for respondent. With him on the brief were Bernard, Hurley, Hodges & Kneeland, Portland.

TONGUE, Justice.

This is an action on an account for a balance of $4,613.27 for goods sold and delivered from November 3, 1965, to April 4, 1966, as described by eight invoices attached to the complaint. Defendant's answer alleged both a general denial and also, as an affirmative defense, that prior to November 1, 1965, it had been agreed that the goods were to be of equal or superior quality to certain samples; that plaintiff failed to deliver goods which met that...

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