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SMITH v. DEAN VINCENT, INC.

No. A7707-09453; CA 15522, No. A7912-06059; CA 17875.

615 P.2d 1097 (1980)

47 Or.App. 887

Hal SMITH, Respondent, v. DEAN VINCENT, INC., an Oregon Corporation, Appellant. 4M Corp., an Oregon Corporation, Respondent, v. Dean Vincent, Inc., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided August 18, 1980.

Attorney(s) appearing for the Case

Glenn H. Prohaska, Portland, argued the cause for appellant. With him on the briefs were Mark E. Pengilly, and Day, Prohaska & Case, P.C., Portland.

Theodore S. Bloom, Portland, argued the cause for respondent. On the brief were David S. Paull, and Bloom, Ruben, Marandas & Sly, and Gabriel E. Berg, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

Defendant appeals from the judgment of the trial court in each of these cases consolidated for appeal, by which each of the plaintiffs recovered damages incurred because of the wrongful delivery of stock certificates by defendant in violation of its duty as an escrow agent or bailee. We affirm.

The dispute arises from the 1965 sale of an apartment complex, known as Oswego Terrace, by plaintiffs, as seller, to Western Leasing, Inc., as buyer...

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