GEORGES v. SEVERSON

CV7-0272-20; CA A47451.

764 P.2d 586 (1988)

94 Or.App. 41

Sherrill J. GEORGES, Respondent, v. Karl E. SEVERSON and Brenda K. Severson, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided November 23, 1988.


Attorney(s) appearing for the Case

Stephen P. Forte, Bend, argued the cause and filed the brief for appellants.

Richard C. Owens, Sisters, waived appearance for respondent.

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


RICHARDSON, Presiding Judge.

Defendants appeal from a summary judgment for plaintiff in this action for money had and received. They contend that the affidavits and deposition excerpts which they filed created a material factual issue as to whether the sums which plaintiff claims to have advanced on their behalf with the expectation of repayment were intended instead as payments for services or, possibly, as gifts. There is no doubt that the affidavits and depositions...

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