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CONTINENTAL PLANTS CORP. v. MEASURED MKTG. S., INC.

547 P.2d 1368 (1976)

CONTINENTAL PLANTS CORPORATION, a corporation, Respondent-Cross-Appellant, v. MEASURED MARKETING SERVICE, Inc., a corporation, doing business as Taylor & Co., Appellant-Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided April 2, 1976.

Attorney(s) appearing for the Case

Glenn H. Prohaska of Day & Prohaska, P.C., Portland, argued the cause and filed briefs for appellant cross-respondent.

Morris J. Galen of Tonkon, Torp & Galen, Portland, argued the cause and filed a brief for respondent cross-appellant.

HOLMAN, Justice.

Plaintiff brought an action for damages for breach of contract. Defendant appeals from a judgment for plaintiff after a trial by the court without a jury, and plaintiff cross-appeals.

Plaintiff, whose home base was in Portland, Oregon, was an auctioneer of industrial machinery. It purchased for its own account a plant of metal fabricating machinery situated in Louisiana. The price was $40,000 plus one-half of whatever the machinery would bring...

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