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BAXTER v. REDEVCO, INC.

566 P.2d 501 (1977)

279 Or. 117

C. Lynn BAXTER, Appellant, v. REDEVCO, INC., Hugh D. Colson and William E. Colson, Dba Colson and Colson Construction, and Bruce Rosbach, Respondents.

Supreme Court of Oregon, Department 1.

Decided July 11, 1977.

Attorney(s) appearing for the Case

Peter S. Rudie, Salem, argued the cause and filed a brief for appellant.

Norman K. Winslow, Salem, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and HOLMAN, HOWELL and CAMPBELL, JJ.

CAMPBELL, Justice, Pro Tem.

The plaintiff filed an action at law against the defendants to collect a $6,000 promissory note. The defendants' second amended answer admitted the execution of the note, the endorsements and delivery to the plaintiff, and denied that the note was due and owing. The answer further alleged affirmative equitable defenses of merger of the debt with its security and election of remedies.

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