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DAVIDSON v. VALLEY OF THE ROGUE BANK

85-CV-160; CA A39707.

754 P.2d 16 (1988)

91 Or.App. 99

Bonieta J. DAVIDSON, Appellant, v. VALLEY OF THE ROGUE BANK, Respondent.

Court of Appeals of Oregon.

Decided May 11, 1988.

Attorney(s) appearing for the Case

Daniel D. Phillips, Grants Pass, argued the cause for appellant. With him on the briefs was John E. Reade, Grants Pass.

Walter L. Cauble, Grants Pass, argued the cause for respondent. With him on the brief was Schultz, Salisbury & Cauble, Grants Pass.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

NEWMAN, Judge.

Plaintiff appeals from a judgment for defendant in her action for diversion of funds and breach of fiduciary duty in which she prayed for an "accounting, general damages pursuant to the accounting and punitive damages." We affirm.1

In September, 1982, plaintiff sold a tavern to Brolin. The contract of sale (the tavern contract) provided that Brolin agreed to assign his right to one-half of the proceeds collected...

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