McHENRY v. SMITH

No. 78-3031; CA 14094.

609 P.2d 855 (1980)

45 Or.App. 813

Diana Arlene McHenry, Respondent, v. Clyde R. SMITH, Appellant.

Court of Appeals of Oregon.

Decided April 14, 1980.


Attorney(s) appearing for the Case

Joseph G. McKeever, Eugene, argued the cause and filed the brief for appellant.

Darst B. Atherly, Eugene, argued the cause for respondent. With him on the brief was Thwing, Atherly & Butler, Eugene.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.


JOSEPH, Presiding Judge.

Plaintiff and defendant, both of whom were unmarried, lived together from August, 1973, to August, 1977. Plaintiff brought this action for damages in two counts, both for breach of contract.

Her first count alleged that in August, 1973, she and defendant "entered into an oral agreement" by which they "agreed to pool their resources to establish a home and to live together as husband and wife." As a part of that agreement she promised...

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