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McCALLUM v. GRAY

542 P.2d 1025 (1975)

Donald V. McCallum, Appellant, v. John D. GRAY, Respondent.

Supreme Court of Oregon.

Decided November 28, 1975.

Attorney(s) appearing for the Case

Donald V. McCallum, Bend, argued the cause in pro per. With him on the briefs were Thomas V. Bryant, Jr., and McCallum & Bryant, Bend.

Gregory R. Mowe, Portland, argued the cause for respondent. With him on the brief were Barnes H. Ellis, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

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

BRYSON, Justice.

Plaintiff brought this action for damages, claiming that defendant breached a shareholder's "PRE-INCORPORATION AGREEMENT." The trial court sustained defendant's demurrer to plaintiff's complaint on the ground that it failed to state a cause of action. Plaintiff refused to plead further and judgment was entered dismissing the action. Plaintiff appeals.

Plaintiff's complaint alleges the execution of a preincorporation agreement which included...

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