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U.S. PIPE AND FOUNDRY v. NORTHWESTERN AGENCIES

TC 417-923; SC 25153.

585 P.2d 691 (1978)

284 Or. 167

United States PIPE AND FOUNDRY Co., a Delaware Corporation, Respondent, v. NORTHWESTERN AGENCIES, Inc., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 2.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Edward H. Warren, Portland, argued the cause for appellant. With him on the briefs was Hershiser, Mitchell & Warren, Portland.

William A. Masters, Portland, argued the cause for respondent. On the brief were Jeffrey L. Dye and Jones, Lang, Klein, Wolf & Smith, Portland.

Before DENECKE, C.J., BRYSON and LINDE, JJ., and TANZER, J. Pro Tem.

TANZER, Justice Pro Tempore.

This case involves a chain of agency stretching from the plaintiff insured through the defendant insurance agency to a London underwriter. The plaintiff ordered insurance on a maritime cargo and paid a premium. It received a binder and Certificate of Insurance, but the premium never reached the underwriters. The plaintiff's cargo sustained damage during the voyage. Plaintiff sued defendant for rescission and restitution of its premium...

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