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OUTBACK CONTRACTING v. STONE SOUTHWEST

(95-CV-4545CC; CA A101784)

1 P.3d 469 (2000)

167 Or. App. 98

OUTBACK CONTRACTING, INC., an Oregon corporation, Appellant, v. STONE SOUTHWEST, INC., and Stone Container Corporation, a Delaware corporation, doing business in Oregon under the assumed business name of Stone Forest Industries; and Leonard Smith, individually, Respondents.

Court of Appeals of Oregon.

Decided May 3, 2000.

Attorney(s) appearing for the Case

Doyle L. Schiffman, Roseburg, argued the cause and filed the briefs for appellant.

Timothy E. Brophy, Medford, argued the cause for respondents. With him on the brief were Mark R. Weaver and Brophy, Mills, Schmor, Gerking & Brophy.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

This case arises out of an oral agreement between plaintiff Outback Contracting, Inc., and defendant Stone Container Corporation1 by which Stone agreed to cause a third party to transfer land to Outback. The jury found that Stone breached the agreement and returned a verdict in favor of Outback. Stone moved for judgment notwithstanding the verdict because the agreement fell within the statute of frauds. The trial court allowed...

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