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CLOUD v. RIDDELL

No. 26048; CA 18687.

636 P.2d 996 (1981)

Jim CLOUD, Dba Jim Cloud Sales and Service, Respondent-Cross-Appellant. v. Dave RIDDELL and Christy Riddell, Husband and Wife, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Joseph E. Penna, Monmouth, argued the cause and filed the briefs for appellants-cross-respondents.

Paul M. Ferder, Salem, argued the cause for respondent-cross-appellant. With him on the brief was Ferder, Ogdahl & Souther, Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

This is an appeal by defendants from a judgment in the amount of $39,877.30.1 Plaintiff cross-appeals the denial of pre-judgment interest.

Defendants assign as error the trial court's granting of plaintiff's motion to amend his pleadings to conform to the proof, denial of defendants' motion for dismissal with prejudice, finding that defendants failed to prove their counterclaim for lost profits and award in favor...

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