COMMUNITY BANK v. ELL


566 P.2d 903 (1977)

279 Or. 245

The COMMUNITY BANK, an Oregon Corporation, Appellant, v. Roy ELL, Dba Ell Motor Company, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 20, 1977.


Attorney(s) appearing for the Case

Leslie M. Roberts, Kell, Alterman & Runstein, Portland, for respondent.

No appearance contra.


Submitted on Respondent's Petition for Rehearing June 29, 1977.

TONGUE, Justice.

Defendant Ell has petitioned for rehearing, or in the alternative for a modification of our opinion in which we held that a judgment in his favor must be reversed and the case remanded for a new trial. From the arguments in the petition it appears that certain portions of our opinion need clarification.

In discussing the time when Ell could be held to have had notice of...

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