POST v. RIVER CITY INVESTMENTS, INC.


527 P.2d 714 (1974)

Walter A. POST and Wilma V. Post, Husband and Wife, Respondents, v. RIVER CITY INVESTMENTS, INC., an Oregon Corporation, et al., Appellants.

Supreme Court of Oregon.

Decided November 5, 1974.


Attorney(s) appearing for the Case

Carl N. Byers of Heltzel & Byers, Salem, argued the cause and filed a brief for appellants.

Jack H. Cairns, Portland, argued the cause and filed a brief for respondents.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, SLOPER and LEAVY, JJ.


LEAVY, Justice Pro Tem.

This is an action by plaintiffs, as assignees, on a contract for the payment of money by defendants River City Investments, Inc., Gary Cooper, Arthur Rein, and Lawrence Bernard. The defendant Guernsey intervened as a judgment creditor of the assignor, Durell R. Smith.

The trial court, sitting without a jury, found for the plaintiffs and defendants appeal.

The present controversy arises...

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