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KENDRICKS v. MYCHAL THOMPSON ENTERPRISES, INC.

A8507-04208; CA A49954.

812 P.2d 38 (1991)

Marvin KENDRICKS, Appellant-Cross-Respondent, v. MYCHAL THOMPSON ENTERPRISES, INC., Respondent-Cross-Appellant, Mychal Thompson, Defendant.

Court of Appeals of Oregon.

Decided June 5, 1991.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant-cross-respondent.

Terrence Kay, Salem, argued the cause for respondent-cross-appellant. With him on the briefs were Terrence Kay, P.C., Salem, Gary J. Lekas and Gary J. Lekas, P.C., Portland.

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

RICHARDSON, Presiding Judge.

Plaintiff appeals from the judgment for defendant1 entered on the jury's verdict in this contract action. He makes three assignments of error. The first and second challenge the trial court's refusal to give requested jury instructions pursuant to ORS 10.095(3) and (4):

"The jury, subject to the control of the court, in the cases specified by statute, are the judges of the effect or value of evidence...

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