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PENDLETON GRAIN GROWERS v. PEDRO

530 P.2d 85 (1975)

PENDLETON GRAIN GROWERS, Respondent, v. Joe PEDRO, Appellant.

Supreme Court of Oregon.

Decided January 7, 1975.

Attorney(s) appearing for the Case

Wade P. Bettis, Jr., Canby, argued the cause for appellant. With him on the briefs were Bettis & Reif, Canby; and Arthur R. Barrows, Pendleton.

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

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

BRYSON, Justice.

Plaintiff brought this action to recover damages for defendant's alleged breach of contract to sell and deliver wheat. After both parties rested, plaintiff moved for a directed verdict in favor of plaintiff. The court allowed the motion and directed the jury that the contract was valid, that plaintiff had been damaged, and then instructed on the issue of damages. The jury returned a verdict in favor of plaintiff in the amount of $5,000, on which judgment...

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