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JOHNSON ET UX. v. CALLAWAY

201 Or. 264 (1954)

269 P.2d 1045

JOHNSON ET UX. v. CALLAWAY

Supreme Court of Oregon.

Reversed May 5, 1954.

Attorney(s) appearing for the Case

Kenneth A. Poole, of Eugene, argued the cause for appellant. On the brief were Thompson & Sahlstrom, of Eugene.

Frank B. Reid, of Eugene, argued the cause for respondents. On the brief were Reid & Bartle, of Eugene.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN and PERRY, Justices.

REVERSED.

LATOURETTE, C.J.

Action by plaintiffs to recover the balance of the purchase price of certain personal property, consisting of restaurant equipment, purchased by defendant under a conditional sales contract. Upon motion of the parties for a directed verdict, the court found for plaintiffs, whereupon defendant appealed.

The facts are that in 1947 plaintiffs leased to Ferd Zebb and wife certain restaurant premises situated in Eugene, Oregon...

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