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WIDNER ELECTRIC & INDUSTRIAL, INC. v. LEE

537 P.2d 527 (1975)

WIDNER ELECTRIC & INDUSTRIAL, INC., an Oregon Corporation, Appellant, v. John LEE, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 3, 1975.

Attorney(s) appearing for the Case

Robert W. Collins, Pendleton, argued the cause and filed briefs for appellant.

Lawrence B. Rew, of Corey, Byler & Rew, Pendleton, argued the cause and filed a brief for respondent.

Argued and Submitted at Pendleton May 5, 1975.

BRYSON, Justice.

Plaintiff brought this action to recover the sum due on an account for the repair of a water pump which it had previously sold to defendant. Defendant filed his second amended answer, generally denying the allegations in plaintiff's complaint and affirmatively alleging a separate defense and counterclaim. On May 14, 1974, the day trial began, plaintiff filed a demurrer to defendant's separate...

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