HUITT v. SMITH

No. 6591; CA A21046.

641 P.2d 70 (1982)

56 Or.App. 74

June C. HUITT, Plaintiff-Respondent, v. Michael R. SMITH Aka Michael Reed Smith Aka Mike Smith, Defendant, Third-Party Plaintiff-Appellant, Bonnie A. Spence (Smith), Third-Party Defendant.

Court of Appeals of Oregon.

Decided February 22, 1982.


Attorney(s) appearing for the Case

J. Michael Doyle, Gresham, argued cause for defendant, third-party plaintiff-appellant. With him on brief was Larson and Sharp, Gresham.

Herman W. Winter, Heppner, waived appearance for plaintiff-respondent.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.


ROBERTS, Judge Pro Tem.

Plaintiff filed a complaint alleging that defendant is indebted to plaintiff in the amount of $4,000 and asked for a judgment for that amount plus interest. Plaintiff was granted summary judgment, and defendant appeals. We reverse.

Defendant's answer admitted that he borrowed the money from plaintiff but alleged that "during the month of March, 1979, defendant gave to Bonnie Ann Smith, his wife...

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