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RELIABLE CREDIT ASS'N v. CREDITHRIFT OF AM.

570 P.2d 379 (1977)

280 Or. 233

RELIABLE CREDIT ASSOCIATION, Inc., Appellant, v. CREDITHRIFT OF AMERICA, Inc., Respondent.

Supreme Court of Oregon, Department 1.

Decided October 25, 1977.

Attorney(s) appearing for the Case

Gerson F. Goldsmith, Portland, argued the cause for appellant. With him on the briefs were Goldsmith, Siegel, Engel & Littlefield, Portland.

Daniel J. Gatti, Salem, argued the cause for respondent. With him on the brief were Gatti, Ward & Gatti, Salem.

Before DENECKE, C.J., and HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

LENT, Justice.

Plaintiff appeals from a judgment dismissing this case with prejudice upon plaintiff's failure to plead over after a demurrer to the complaint was sustained.1 We reverse.

To the complaint defendant filed a document entitled "PLEA IN ABATEMENT AND IN THE ALTERNATIVE, DEMURRER, AND IN THE ALTERNATIVE, MOTION."

It is axiomatic that the well-pleaded allegations of the complaint are taken as being true for the...

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