LIBBY CREEK LOGGING, INC. v. JOHNSON


225 Or. 336 (1960)

358 P.2d 491

LIBBY CREEK LOGGING, INC. v. JOHNSON

Supreme Court of Oregon.

Reversed and remanded December 30, 1960.


Attorney(s) appearing for the Case

Dale Pierson, Salem, argued the cause and filed a brief for the appellant.

Robert L. Miller, Gold Beach, argued the cause for the respondent. On the brief were Taylor and Miller, Gold Beach.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and HOWELL, Justices.


REVERSED AND REMANDED.

HOWELL, J. (Pro Tempore)

Plaintiff brought an action at law against the defendant upon a promissory note. The defendant, in its answer, admitted the execution of the note and alleged three further and separate defenses including a counterclaim for fraud. The jury awarded the defendant the amount demanded in the counterclaim and plaintiff appeals.

The plaintiff owned certain timberland in Curry county and, after some negotiations...

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