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COLUMBIA BRICK WORKS v. FREEMAN ET UX

223 Or. 109 (1960)

353 P.2d 620

COLUMBIA BRICK WORKS v. FREEMAN ET UX

Supreme Court of Oregon.

Affirmed July 6, 1960.

Attorney(s) appearing for the Case

Clifford E. Nelson, Portland, argued the cause for appellants. With him on the brief were Phelps, Nelson & Shepherd.

Roscoe C. Nelson, Portland, argued the cause and submitted a brief for respondent.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, MILLARD and HOLMAN, Justices.

AFFIRMED.

O'CONNELL, J.

This is an action to recover the value of building materials furnished by the plaintiff to William D. Kayton, allegedly upon the promise of the defendant, Joseph J. Freeman, acting on behalf of himself and his wife Shirley Freeman, to pay for such materials.

The case was tried without a jury. A judgment was entered against both defendants. The trial court found that the defendants unqualifiedly agreed to pay for the materials...

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