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FRY v. ASHLEY

228 Or. 61 (1961)

363 P.2d 555

FRY v. ASHLEY

Supreme Court of Oregon.

Affirmed as modified July 12, 1961.

Petition for rehearing denied August 1, 1961.

Attorney(s) appearing for the Case

Al J. Laue, Salem, argued the cause for appellant. On the brief were Williams & Skopil, Salem, and J. Wallace Gutzler, Woodburn.

Asa L. Lewelling, Salem, argued the cause for respondent. On the brief were Lewelling & Gies, Salem.

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

AFFIRMED AS MODIFIED.

WARNER, J.

On February 14, 1959, plaintiff and defendant entered into a written partnership agreement for the operation of an automobile body repair and garage business in Woodburn, Oregon, known as Ashley's Safety Service, in which they were to be equal owners. For approximately five years prior to that time Ashley had operated the same business as sole proprietor.

In October, 1959, plaintiff instituted this suit, wherein he...

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