HAINES COMMERCIAL EQUIPMENT CO. v. BUTLER


522 P.2d 472 (1974)

HAINES COMMERCIAL EQUIPMENT CO., Respondent, v. Norman BUTLER, Appellant.

Supreme Court of Oregon.

Decided May 23, 1974.


Attorney(s) appearing for the Case

David C. Silven, Baker, argued the cause for appellant. With him on the briefs were Banta, Silven, Young & Marlette, Baker.

John L. Jacobson, Baker, argued the cause for respondent. With him on the brief were Jacobson & Coughlin, P.C., Baker.

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


Argued and Submitted at Pendleton, May 6, 1974.

TONGUE, Justice.

This case was filed as an action for the unpaid balance due under a contract of sale by plaintiff to defendant of an International combine harvester and for the conversion of a John Deere combine which had originally been the "trade in" on the purchase of the International combine. The owner, as an affirmative defense and cross-complaint, alleged that the sales contract had been rescinded by...

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