Attorney(s) appearing for the Case
H. Lawrence Lister argued the cause for appellant. On the briefs were Gray & Lister, of Portland.
Walter J. Cosgrave, of Portland, argued the cause for respondent. With him on the brief were James G. Smith and Maguire, Shields, Morrison & Bailey, of Portland.
Before LATOURETTE, Chief Justice, and LUSK, BRAND and TOOZE, Justices.
Supreme Court of Oregon.
REVERSED.
LUSK, J.
This is an appeal by the defendant, Oregon Physicians' Service, a corporation (hereinafter referred to as O.P.S.), from a judgment for plaintiff in an action upon an alleged contract of indemnity whereby the defendant agreed, in consideration of "specified monthly dues" to be paid by the plaintiff, to pay the cost of hospital expenses incurred by the plaintiff in connection with any illness of her minor son, Louis L. Cleaver.
The...
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