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FOELKER v. KWAKE

568 P.2d 1369 (1977)

279 Or. 379

Joseph FOELKER, Respondent, v. Paul KWAKE and Nancy Kwake, Appellants, Stanley Kwake, Defendant.

Supreme Court of Oregon, In Banc.

Decided September 13, 1977.

Attorney(s) appearing for the Case

Lawrence F. Cooley, Eugene, argued the cause and filed a brief for appellants.

Thomas L. Fagan, of Barnhart, Fagan & Hoffman, Springfield, argued the cause and filed the brief for respondent.

TONGUE, Justice.

This is an action for fraud under the Oregon Securities Law, ORS 59.115(1)(b). The case was tried before the court, sitting without a jury. Defendants appeal from a judgment for plaintiff in the sum of $9,162.65.1 We affirm.

1. The transaction between the parties constituted the "sale" of a "security."

Defendants' principal contention is that the trial court erred in finding that a promissory note...

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