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PERCIVAL v. COREY

No. 93936; CA 15372.

617 P.2d 310 (1980)

48 Or.App. 511

Michael J. PERCIVAL, Appellant, v. Robert E. COREY and William Howard, Respondents, Jacobsen-Riffle, Inc., an Oregon Corporation, Clayton S. Jacobsen; John R. Riffle, and Stanley Hubert, Defendants.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Keith D. Evans, Salem, argued the cause and filed the briefs for appellant.

Malcolm L. Brand, Salem, argued the cause for respondents. With him on the brief was Rhoten, Rhoten & Speerstra, Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

This action was brought by plaintiff for breach of an oral contract to build a commercial building. Trial was held without a jury. At the conclusion of plaintiff's case, all defendants made motions for involuntary nonsuit. The trial court granted the motions of defendants Jacobsen-Riffle, Inc., Jacobsen, Riffle and Hubert on the ground that there was insufficient evidence that defendants acted as agents of defendants Corey and Howard. The trial court...

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