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MOFFATT v. HARDEN

No. 78-10-355; CA 19526.

648 P.2d 1311 (1982)

58 Or.App. 505

Richard L. MOFFATT, Respondent, v. Donna Olson Tidswell HARDEN, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1982.

Reconsideration Denied September 16, 1982.

Attorney(s) appearing for the Case

Patrick R. Berg, Portland, argued the cause for appellant. With him on the briefs were John J. Tollefsen, and Tollefsen, LeChevallier & Patrick, Portland.

Diane L. Alessi, Portland, argued the cause for respondent. With her on the brief was Ransom, Blackman & Simson, Portland.

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

VAN HOOMISSEN, Judge.

Defendant appeals from a judgment awarding plaintiff damages for conversion. The issue is whether the trial court erred in denying defendant's motion to dismiss plaintiff's complaint on the ground that it fails to state ultimate facts constituting a claim. ORCP 21 G(3).1 We conclude that it did, and therefore reverse.

Plaintiff alleged in his complaint that he and defendant entered into a partnership agreement...

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