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JOHN HENRY COMPANY v. MacDONALD

85-C-600256, 85-C-259295; CA A42163 (Control), CA A42164.

759 P.2d 1126 (1988)

92 Or.App. 659

The JOHN HENRY COMPANY, a Michigan Corporation, Appellant, v. David J. MacDonald, and Deborah Dipietra, Respondents, and Stan Adkins, Defendant. Pacific Rim Corporation, a Washington Corporation, Appellant, v. David J. MacDonald and Deborah Dipietra, Respondents, and Stan Adkins, Defendant.

Court of Appeals of Oregon.

Decided August 24, 1988.

Reconsideration Denied September 23, 1988.

Review Denied October 18, 1988.

Attorney(s) appearing for the Case

J. Rion Bourgeois, Portland, argued the cause and filed the briefs for appellants.

R. Bruce Dusterhoff, Portland, argued the cause for respondent David J. MacDonald. With him on the brief was Case, Dusterhoff & Mehlhaf, Portland.

No appearance for respondent Deborah Dipietra.

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

DEITS, Judge.

This case involves consolidated actions brought by two creditors seeking recovery on two separate accounts.1 Defendant MacDonald owned and operated two florist shops. Defendant Dipietra assisted in their operation. Plaintiffs allege that defendants ordered goods from them, that they were delivered and that defendants failed to pay for them. The trial court held that plaintiffs "failed to prove by a preponderance of the evidence...

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