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RUBLE FOREST PROD., INC. v. LANCER MOBILE HOMES

524 P.2d 1204 (1974)

RUBLE FOREST PRODUCTS, Inc., an Oregon Corporation, Appellant, v. LANCER MOBILE HOMES of Oregon, Inc., an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 1, 1974.

Attorney(s) appearing for the Case

Keith Rodman, Eugene, argued the cause and filed briefs for appellant.

Richard A. Roseta, Eugene, argued the cause for respondent. On the brief were William G. Wheatley and Jaqua & Wheatley, Eugene, for respondent.

TONGUE, Justice.

This is an action to recover an unpaid balance of $2,500 allegedly due for the purchase of 11 truckloads of lumber by defendant from plaintiff.

Defendant alleged, as an affirmative defense, that some of the lumber was defective and that in compromise and settlement of a disputed claim plaintiff issued to defendant a credit of $2,500. Plaintiff, in reply, denied that the lumber was defective and alleged...

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