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HOWSER v. BEN DIERKS LUMBER CO., INC.

528 P.2d 1341 (1974)

B.J. HOWSER, Appellant, v. BEN DIERKS LUMBER CO., INC., a Corporation, Respondent.

Supreme Court of Oregon.

Decided December 12, 1974.

Attorney(s) appearing for the Case

William A. Mansfield, Medford, argued the cause and filed a brief for appellant.

Donald F. Myrick, Grants Pass, argued the cause for respondent. On the brief were Myrick, Coulter, Seagraves & Nealy, Grants Pass.

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

McALLISTER, Justice.

The trial court dismissed this action for lack of prosecution. Plaintiff appeals — we affirm.

On May 22, 1969, the plaintiff filed this action in Josephine County for damages sustained because defendant breached a contract with plaintiff. The plaintiff alleged that he agreed to sell to defendant the timber standing on certain land in Del Norte County, California. Plaintiff further alleged that to facilitate the removal of the timber...

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