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CARTER v. FORSTROM

CC82-742; CA A35245.

722 P.2d 23 (1986)

80 Or. App. 213

Finis D. CARTER, Respondent, v. David K. FORSTROM, Defendant, and Michael J. Rune, Appellant.

Court of Appeals of Oregon.

Decided July 2, 1986.

Attorney(s) appearing for the Case

F. Gordon Allen, Portland, argued the cause for appellant. With him on the briefs were Fred L. Kopatich and Allen, Kilmer, Schrader, Yazbeck & Chenoweth, P.C., Portland.

William H. Walters, Portland, argued the cause for respondent. On the brief were William B. Crow, James N. Westwood, Jeffrey B. Millner and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant Rune appeals from a judgment entered against him in this breach of contract case. On April 11, 1981, plaintiff agreed in writing to sell all the stock of his business, Coast Title, to defendant Forstrom. Plaintiff commenced this action against Forstrom alone in September, 1982. Plaintiff filed an amended complaint in January, 1984, adding Rune as defendant, and alleging that Forstrom was Rune's agent in entering the contract and that Rune...

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