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WARD COOK, INC. v. DAVENPORT

243 Or. 301 (1966)

413 P.2d 387

WARD COOK, INC. v. DAVENPORT ET AL

Supreme Court of Oregon.

Affirmed April 20, 1966.

Attorney(s) appearing for the Case

Frank D. Riebe, Portland, argued the cause for appellant. With him on the brief were Leo Levenson and Rosenberg & Swire.

Mark A. Hathaway, Portland, argued the cause for respondents Paul C. Davenport and Camille C. Davenport. On the brief were Hathaway and Arnold.

Jean P. Lowman, Portland, argued the cause for respondents Alfred Rapp, Inc., and Alfred Rapp. With her on the brief were King, Miller, Anderson, Nash & Yerke and Norman J. Wiener.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, DENECKE and LUSK, Justices.

AFFIRMED.

LUSK, J.

Plaintiff Ward Cook, Inc. (hereinafter referred to as Cook) is a corporation engaged, among other things, in the loan and mortgage business for making insured mortgage loans under the National Housing Act. Cook brought this suit for restitution of the sum of $11,746.11 deposited by it with defendant American Escrow, Inc., in connection with a real estate sale transaction in which the defendants Fuller...

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