MOINI v. HEWES

CR 84-0350; CA A45972.

763 P.2d 414 (1988)

93 Or.App. 598

Kazem MOINI and Susan Moini, Husband and Wife, Appellants — Cross-Respondents, v. Maureen HEWES and Frank D. Johnson, Respondents — Cross-Appellants.

Court of Appeals of Oregon.

Decided October 26, 1988.

Reconsideration Denied December 2, 1988.

Review Denied December 20, 1988.


Attorney(s) appearing for the Case

J.F. Ouderkirk, Newport, argued the cause for appellants — cross-respondents. With him on the briefs was Richardson, Ouderkirk & Hollen, Newport.

Jim Hilborn, Florence, argued the cause and filed the briefs for respondents — cross-appellants.

Before WARDEN, P.J., GRABER, J. and VAN HOOMISSEN, J. Pro Tem.


GRABER, Judge.

In this contract action, defendants argue that there was no contract and that, even if there were, there was no evidence of breach or damages. The jury returned a verdict for plaintiffs, the trial court entered judgment notwithstanding the verdict for defendants, and plaintiffs appeal.1

On appeal from a judgment n.o.v., we must reinstate the jury verdict unless we can affirmatively say that there is no evidence...

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