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SMITH v. ABEL ET AL

211 Or. 571 (1957)

316 P.2d 793

SMITH v. ABEL ET AL

Supreme Court of Oregon.

Reversed and remanded October 23, 1957.

Attorney(s) appearing for the Case

Ralph Currin, Pendleton, argued the cause and filed briefs for appellants.

Ralph Booth McAbee, Kennewick, Washington, argued the cause for respondent. With him on the brief was Donald R. Duncan, Athena.

Before PERRY, Chief Justice, and BRAND, McALLISTER and KESTER, Justices.

REVERSED AND REMANDED.

KESTER, J.

This is an action for damages for breach of a contract for the sale of logs. From a verdict and judgment in favor of plaintiff and against defendants Amiel and Milford Abel, said defendants appeal.

The contract out of which the dispute arises was originally a three-party transaction, dated December 3, 1954, whereby (1) "Amiel Abel & Sons" agreed to furnish logs from certain property to a sawmill which they agreed...

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