WELCH v. U.S. BANCORP REALTY AND MORTG.

TC 421-202; SC 25087.

596 P.2d 947 (1979)

Thomas K. WELCH, Respondent/Cross-Appellant, and Gordon R. Merrill, Plaintiff, v. U.S. BANCORP REALTY AND MORTGAGE TRUST, an Oregon Real Estate Investment Trust, Dba U.S. Bantrust, Appellant/Cross-Respondent.

Supreme Court of Oregon.

Decided June 19, 1979.


Attorney(s) appearing for the Case

William M. McAllister, of Davies, Biggs, Strayer, Stoel & Boley, Portland, argued the cause for appellant/cross-respondent. With him on the briefs were Gregory R. Mowe and Charles F. Adams, of Davies, Biggs, Strayer, Stoel & Boley, and Wayne Hilliard, of Dezendorf, Spears, Lubersky & Campbell, Portland.

John R. Faust, Jr., of Hardy, McEwen, Weiss, Newmann & Faust, Portland, argued the cause for respondent/cross-appellant. With him on the brief was William Bradley Duncan, Forest Grove.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT and LINDE, JJ.


LENT, Justice.

This is an action for damages for breach of contract in which plaintiff1 obtained verdict and judgment and defendant appeals. Plaintiff cross-appeals, asking for a new trial on the issue of damages alone. We affirm.

Trial of this case commenced on October 27, 1976, and culminated in jury verdict on November 26, 1976. Considering the length of the proceedings and that the transcript of testimony and proceedings runs...

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