CRAYNE v. ELK LAKE TIMBER CO.

81-1346; CA A29745 & 81-1348; CA A29746.

692 P.2d 658 (1984)

71 Or.App. 376

Charles Robert CRAYNE, Sr., and Charles Robert Crayne, Jr., Dba Bob Crayne & Son, Respondent, v. ELK LAKE TIMBER CO., Doing Business As Gregory Timber Resources, Inc., an Assumed Business Name, Appellant. Robert Blair, Respondent, v. Elk Lake Timber Co., Doing Business As Gregory Timber Resources, Inc., an Assumed Business Name, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1984.

Reconsideration Denied February 15, 1985.


Attorney(s) appearing for the Case

John E. Davis, Grants Pass, argued the cause for appellant. With him on the briefs was Calvert & Davis, Grants Pass.

Sam A. McKeen, Klamath Falls, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

In these cases tried together and consolidated on appeal, defendant appeals from judgments entered for plaintiffs after a jury verdict. We reverse, because the trial court erred in instructing the jury.

In August and September, 1981, plaintiffs hauled logs to defendant's mill under a contract with Little River Lumber Products Co., the owner of the logs. Little River failed to pay plaintiffs for their labor, so they filed logger...

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