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FIRST NAT. BANK v. SYBIL

Nos. 82-0864; CA A31511.

702 P.2d 1141 (1985)

74 Or.App. 329

FIRST NATIONAL BANK OF McMINNVILLE, a National Banking Association, Appellant, v. Robert C. SYBIL, Jr. and Charlotte E. Sybil, Husband and Wife; Roy Howard; Carl Howard and Leo Howard, Defendants, Fred G. Snyder, Respondent.

Court of Appeals of Oregon.

Decided July 10, 1985.

Reconsideration Denied August 23, 1985.

Attorney(s) appearing for the Case

Jerry B. Hart, McMinnville, argued the cause for appellant. With him on the brief were Cushing, Johnstone and Peterson, Salem.

David N. Hobson, Portland, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Plaintiff, First National Bank of McMinnville (Bank), appeals from a judgment entered in favor of defendant Snyder after a jury trial. This is a breach of contract action in which Bank alleged that Snyder failed to pay a promissory note. Snyder counterclaimed, alleging a breach of an oral agreement. This appeal involves only Snyder's counterclaim. The dispositive issue is whether the trial court erred in admitting evidence of an oral agreement...

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