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C & B LIVESTOCK, INC. v. JOHNS

539 P.2d 645 (1975)

C & B LIVESTOCK, INC., an Oregon Corporation, Appellant, v. W.R. JOHNS et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided September 5, 1975.

Attorney(s) appearing for the Case

Harold A. Fabre, Fabre & Ehlers, Pendleton, argued the cause and filed briefs for appellant.

Alex M. Byler, Corey, Byler & Rew, Pendleton, argued the cause and filed a brief for respondents.

Argued and Submitted at Pendleton May 5, 1975.

HOLMAN, Justice.

This is a proceeding under the declaratory relief provisions of ORS chapter 28 to determine the rights and obligations of the parties under the terms of an alleged contract for the sale of potato waste. Defendants denied the contract as alleged by plaintiff, pleaded certain affirmative defenses and filed a counterclaim to recover for potato waste sold and delivered to plaintiff. The trial court...

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