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FARMER'S FEED & SUPPLY v. INDUSTRIAL LEASING

No. 17-360; SC 25595.

594 P.2d 397 (1979)

286 Or. 311

FARMER'S FEED and SUPPLY Co., Inc., Respondent, v. INDUSTRIAL LEASING Corporation, Appellant, and Jack L. Hulbert and Virginia Hulbert, Ben Olson, Fred Bernet, Tillamook County, Metropolitan Agencies, and the Credit Bureau of Georgia, d/b/a Cbi Collections, Defendants.

Supreme Court of Oregon.

Decided May 8, 1979.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for appellant. With him on the briefs was Clifford E. Nelson, Portland.

Norman Wapnick, of Sussman, Shank, Wapnick & Caplan, Portland, argued the cause for respondent. With him on the brief was Michael M. Moore, Forest Grove.

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

HOWELL, Justice.

This is a suit by plaintiff, Farmer's Feed and Supply Co., Inc., to foreclose a lien for dairy feed sold. The defendant, Industrial Leasing Corporation (ILC), leased 325 head of dairy cows to defendant Hulbert between 1971 and August, 1974.1 The plaintiff sold feed on open account to defendant Hulbert between May 17, 1971, and July 2, 1974. During that period approximately $70,000 worth of feed was delivered to Hulbert...

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