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FLEET LEASING v. L.J. TRUCKING

A8101-00438; CA A28894.

690 P.2d 1111 (1984)

70 Or.App. 630

FLEET LEASING, INC., an Oregon Corporation, Respondent — Cross-Appellant, v. L.J. TRUCKING, INC., et al., an Alaska Corporation, Defendant, Paffile Truck Lines, Inc., a Washington Corporation, Paffile Truck Lines, Inc., an Idaho Corporation, and Donald P. Paffile, Dba Paffile Truck Lines, Appellants — Cross-Respondents.

Court of Appeals of Oregon.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Paul H. Krueger, Albany, argued the cause and filed the briefs for appellant — cross-respondent.

Mary D. Chaffin, Portland, argued the cause for respondent — cross-appellant. With her on the briefs were Michael J. Francis, and Black, Tremaine, Higgins, Lankton & Krieger, Portland.

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

RICHARDSON, Presiding Judge.

Paffile Truck Lines, Inc., and Donald P. Paffile (defendants)1 appeal from a judgment notwithstanding the verdict in favor of plaintiff on defendants' counterclaim for money had and received. We affirm.

Plaintiff does business as Jubitz Truck Stop. Plaintiff established a credit account for L.J. Trucking on which the latter owed $35,616.12 as of February, 1980. At that time, plaintiff refused to permit...

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