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DOWLING v. ALBANY PLANING MILL

238 Or. 425 (1964)

395 P.2d 143

DOWLING ET UX v. ALBANY PLANING MILL, INC.

Supreme Court of Oregon.

Affirmed September 10, 1964.

Attorney(s) appearing for the Case

John S. Horton, Albany, argued the cause for appellant. On the brief were Weatherford, Thompson & Horton, Albany.

Richard Kropp, Albany, argued the cause for respondent. On the brief were Willis, Kyle & Emmons, Albany.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

PERRY, J.

The plaintiffs brought this suit for an accounting and for such relief as in equity appears just and proper in the circumstances. The facts are as follows:

The plaintiff C.B. Dowling was engaged in the construction of homes in the city of Albany and purchased lumber and building supplies from the defendant. In 1955, plaintiffs had become indebted to the defendant for lumber and building supplies, and had also created considerable...

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