WALD v. WURTZ


563 P.2d 715 (1977)

278 Or. 249

Anthony W. WALD, Respondent, v. Thomas E. WURTZ, Executor of the Estate of Billy Ralph Hollister, Appellant.

Supreme Court of Oregon, Department 2.

Decided May 3, 1977.


Attorney(s) appearing for the Case

William N. Kent, Eugene, certified law student, argued the cause for appellant. On the brief was Gary K. Jensen, Eugene.

Dwight L. Schwab, Portland, argued the cause for respondent. With him on the brief was Schwab, Burdick & Hilton, Portland.

Before DENECKE, C.J., BRYSON and LINDE and DAVIS, JJ.


DAVIS, Justice Pro Tem.

This is an action on a promissory note to recover the unpaid balance of $28,200. Prior to trial Billy Ralph Hollister died and his executor was substituted as defendant. After both parties rested, the plaintiff moved for a directed verdict, which the court indicated he would grant. Defendant requested the court to submit the case to the jury, pursuant to ORS 18.140(2).1 The jury returned a verdict for plaintiff...

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