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CREDITHRIFT OF AMERICA, INC. v. NOVAK

No. CI 79-11339; CA 15208.

605 P.2d 1380 (1980)

44 Or.App. 483

CREDITHRIFT OF AMERICA, INC., an Oregon Corporation, Appellant, v. Louis NOVAK, Respondent.

Court of Appeals of Oregon.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Daniel J. Gatti, Salem, argued the cause for appellant. With him on the brief was Gatti & Gatti, P.C., Salem.

Clifford G. Collard, Toledo, argued the cause and submitted the brief for respondent.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Plaintiff Credithrift appeals from an order of the district court granting summary judgment for the defendant. Credithrift sued the defendant for the balance due on an installment contract assigned to it by Cycle Sport Yamaha for the purchase of a motorcycle. Defendant moved for summary judgment on the ground that the plaintiff repossessed the motorcycle and, pursuant to ORS 83.830(1), could not now sue for any amounts owed. The court found that there...

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