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VAUGHAN v. WILSON

203 Or. 243 (1955)

273 P.2d 991

279 P.2d 521

VAUGHAN ET UX. v. WILSON ET AL.

Supreme Court of Oregon.

Argued October 25, 1954.

Allowed in part; denied in part September 15, 1954.

Affirmed February 2, 1955.

Attorney(s) appearing for the Case

Yturri and O'Kief, of Ontario, and George H. Brewster, of Redmond, for the motion.

Lytle, Kilpatrick and Schroeder, of Canyon City, contra.

ON MOTION TO DISMISS

ALLOWED IN PART; DENIED IN PART.

LUSK, J.

Plaintiffs sued defendants to obtain a decree of cancellation of a logging contract, and in addition sought damages for injury to their fences and livestock alleged to have been caused by the defendants' logging operations. The court entered a decree denying the relief of cancellation, ordering the clerk to deliver to the plaintiffs the sum of $54,928.49, theretofore deposited in court...

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