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MacKIMMIE v. WAYTENICK

89C-10828; CA A66223.

815 P.2d 715 (1991)

108 Or.App. 348

John MacKimmie and Ruth MacKimmie, Husband and Wife, Respondents, v. Robert C. WAYTENICK and Maryanna Waytenick, Husband and Wife, and Rugged Manufacturing, Inc., an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Robert L. Engle, Woodburn, argued the cause, for appellants. With him on the briefs was Engle & Schmidtman, Woodburn.

Paul A. Dakopolos, Salem, argued the cause, for respondents. With him on the brief was Garrett, Seideman, Hemann & Robertson, P.C., Salem.

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

RICHARDSON, Presiding Judge.

Plaintiffs brought this action on a $20,000 promissory note.1 In addition to evidencing an obligation, the note gave plaintiffs the option to buy shares in defendants' business, "with the above monies to be applicable to purchase of stocks [sic]." Defendants asserted the defense that, after the note was executed, the parties entered into an agreement, through...

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