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SCHLATTER v. WILLSON

528 P.2d 1349 (1974)

Hubert F. SCHLATTER, Respondent, v. Vidma C. WILLSON, Appellant.

Supreme Court of Oregon.

Decided December 12, 1974.

Attorney(s) appearing for the Case

Thomas M. Banks, Los Angeles, Cal., argued the cause for appellant. With him on the briefs were Berg, Berg & Walsh, Coquille.

Maurice V. Engelgau, Coquille, argued the cause and filed a brief for respondent.

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

SLOPER, Judge (Pro Tem.).

This is an action at law brought by plaintiff to recover the unpaid purchase price for Christmas trees sold and delivered to defendant. Defendant denied the allegations of the complaint and filed a counterclaim seeking to recover lost profits and alleging a breach of the contract in that the trees that were delivered were not salable. The case was tried before the court upon a waiver of a jury. Defendant appeals from a judgment in favor of...

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