WINETROUT v. RACKLEFF

16-84-05978; CA A40955.

738 P.2d 220 (1987)

86 Or.App. 62

C.A. WINETROUT, III, Respondent, v. John L. RACKLEFF, Appellant.

Court of Appeals of Oregon.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Thomas E. Elliott, Corvallis, argued the cause for appellant. With him on the brief was Evashevski & Elliott, Corvallis.

Rohn M. Roberts, Eugene, argued the cause for respondent. With him on the brief was Adkins, Roberts & Roberts, Eugene.

Before WARDEN, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.


WARDEN, Presiding Judge.

Defendant appeals from a judgment in an action on a promissory note. The court determined the amount which defendant owed on the note, including interest at the rate stated in the note, and then deducted the amount awarded by the jury on defendant's counterclaim for fraud. Defendant contends that the court should have set off the award on the counterclaim against the face amount of the note. We affirm.

In June, 1983, defendant purchased...

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