WOLVERTON v. STANWOOD


565 P.2d 755 (1977)

278 Or. 709

Kirk WOLVERTON, Appellant, v. Martin H. STANWOOD and Theodore H. Stanwood, Dba B. and M. Texaco, Respondents.

Supreme Court of Oregon, In Banc.

Decided June 21, 1977.


Attorney(s) appearing for the Case

Rees C. Johnson, of Shannon, Johnson & Sharp, Portland, for the petition.

No appearance contra.


On Respondents' Petition for Rehearing May 31, 1977.

HOWELL, Justice.

Defendants in this case have filed a petition for a rehearing on the grounds that this court, having reversed the judgment n.o.v. in their favor, should then have considered the propriety of their alternative motion for a new trial rather than ordering the reinstatement of the original judgment for plaintiff entered on the jury's verdict.

We agree that we should have specifically...

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