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REED v. COMMERCIAL INS. CO.

248 Or. 152 (1967)

432 P.2d 691

REED, Appellant, v. COMMERCIAL INSURANCE COMPANY, Respondent.

Supreme Court of Oregon.

Affirmed October 25, 1967.

Attorney(s) appearing for the Case

Maurice V. Engelgau, Coquille, argued the cause and filed the brief for appellant.

Jack L. Hoffman, Portland, argued the cause for respondent. With him on the brief were Pendergrass, Spackman, Bullivant & Wright, Portland.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, HOLMAN and WOODRICH, Justices.

AFFIRMED.

WOODRICH, J. (Pro Tempore).

This is an action on an insurance contract covering plaintiff's tractor. The court tried the case without a jury and found for the defendant on the ground that plaintiff's action was not brought within the 12-month limitation provision of the insurance contract. Plaintiff on trial asserted, but did not plead, that defendant was estopped from relying on the limitation provision. The trial court found against the plaintiff...

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