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RIVIERA MOTORS, INC. v. HIGBEE

No. A7709-13605; CA 14036.

609 P.2d 369 (1980)

45 Or.App. 545

RIVIERA MOTORS, INC., an Oregon Corporation, Appellant, v. Bruce L. HIGBEE, Respondent.

Court of Appeals of Oregon.

Decided March 31, 1980.

Attorney(s) appearing for the Case

Carlton W. Hodges, Portland, argued the cause for appellant. With him on the briefs was Bernard, Hurley, Crawford, Hodges & Kneeland, Portland.

Thomas A. Caruso, Portland, argued the cause for respondent. With him on the brief were Douglas S. Green, and Welch, Bruun & Green, Portland.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., Salem, and Erik G. Sten, Asst. Atty. Gen., Consumer Protection Div., Portland, filed a brief amicus curiae on behalf of the Consumer Protection Div. of the Dept. of Justice, State of Or.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.

SCHWAB, Chief Judge.

Plaintiff Riviera Motors, Inc., alleged two causes of action, both of which arose from a dishonored check in the amount of $583.76 which defendant gave to plaintiff to pay for automobile repairs. The check was dishonored because defendant stopped payment on it. Plaintiff's first cause of action was on the check, to recover the amount thereof and attorney fees.1 Defendant answered with a general denial, and as counterclaims...

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