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H.N.M. ENTERPRISES, INC. v. HAMILTON

Nos. 420-434 and A7708-11028; CA 13829.

621 P.2d 57 (1980)

49 Or.App. 613

H.N.M. ENTERPRISES, INC., Plaintiff, v. John M. HAMILTON, Defendant. John M. Hamilton, Respondent-Cross-Appellant, v. Howard N. Miles, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Gary J. Lekas, Portland, argued the cause and filed the briefs for appellant-cross-respondent.

Thomas A. Gerber, Portland, argued the cause for respondent-cross-appellant. With him on the brief was O'Donnell, Rhoades, Gerber, Sullivan & Ramis, and Kenneth M. Elliott, certified law student, Portland.

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

RICHARDSON, Presiding Judge.

H.N.M. Enterprises, Inc. (H.N.M.) a corporation, filed an action against Hamilton on a promissory note arising out of a sale of a business to Hamilton. In his answer, Hamilton counterclaimed for breach of implied covenants, fraud and tortious interference with prospective business advantage and sought compensatory and punitive damages. In a companion case, Hamilton sought compensatory damages from Howard N. Miles for breach of an express...

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