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WILLAMETTE-WESTERN CORP. v. LOWRY

568 P.2d 1339 (1977)

279 Or. 525

WILLAMETTE-WESTERN CORPORATION, a Corporation, Appellant, v. Edward J. LOWRY and Edward J. Lowry, Dba Ed Lowry Construction Co., Respondent.

Supreme Court of Oregon, Department 2.

Decided September 13, 1977.

Attorney(s) appearing for the Case

John Spencer Stewart, Portland, argued the cause for appellant. With him on the briefs were Elizabeth Yeats and Kobin & Meyer, Portland.

Dennis H. Elliott, Portland, argued the cause for respondent. With him on the brief were Donald W. Green, III, and O'Connell, Goyak & Haugh, Portland.

Before HOWELL, P.J., and LENT, LINDE and CAMPBELL, JJ.

CAMPBELL, Justice Pro Tempore.

The plaintiff filed this action seeking to recover damages caused by the defendant's refusal to sell the plaintiff a used Drott 1500 Cruz Crane with a 61-foot Power Boom pursuant to an alleged rental-purchase agreement entered into between the parties on June 26, 1972. Although Edward J. Lowry is named as defendant both as an individual and as Ed Lowry Construction Co., we will refer to defendant as Lowry.

In 1971 Lowry purchased...

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