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WISEMAN ET AL. v. MITCHELL

191 Or. 530 (1951)

230 P.2d 534

WISEMAN ET AL. v. MITCHELL

Supreme Court of Oregon.

Reversed April 25, 1951.

Attorney(s) appearing for the Case

William R. Thomas argued the cause for appellant. With him on the brief were Rhoten & Rhoten, of Salem, and Morley & Thomas, of Lebanon.

C.S. Emmons argued the cause for respondents. On the brief were Willis, Kyle & Emmons, of Albany.

Before BRAND, Chief Justice, and LUSK, LATOURETTE, WARNER and TOOZE, Justices.

REVERSED.

LATOURETTE, J.

Plaintiffs recovered judgment against defendant in the sum of $500.00 arising out of timber transactions hereinafter set out. From such judgment, defendant appeals.

On the 17th day of January, 1946, plaintiffs entered into a contract in writing with David Niess and Elizabeth Niess, then owners of certain lands on which there was down and growing timber. This contract, in which the Niesses are parties of the first part, and...

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