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VERRET CONST. CO. v. JELCO INC.

572 P.2d 1029 (1977)

280 Or. 793

VERRET CONSTRUCTION CO., an Oregon Corporation, Respondent, v. JELCO INCORPORATED, a Utah Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided December 28, 1977.

Attorney(s) appearing for the Case

DeMar L. Batchelor, of Schwenn, Bradley & Batchelor, Hillsboro, argued the cause and filed a brief for appellant.

Thomas A. Huffman, of Huffman & Zenger, Hillsboro, argued the cause and filed a brief for respondent.

Before HOLMAN, P.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

PER CURIAM.

Plaintiff brought an action to recover the reasonable value of the use of some heavy construction equipment. Defendant appealed from a judgment based upon a jury verdict for plaintiff. Defendant's only assignment of error is that there was no substantial evidence to support the jury verdict.

Defendant made no motion for a non-suit or for a directed verdict. In the absence of having tested the sufficiency...

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