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BUELL v. JONES LUMBER CO.

246 Or. 331 (1967)

423 P.2d 966

BUELL, Plaintiff, v. JONES LUMBER COMPANY, Appellant, and HAMILTON ET AL, Respondents.

Supreme Court of Oregon.

Reversed February 23, 1967.

Petition for rehearing denied March 21, 1967.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellant. With him on the brief were Cake, Jaureguy, Hardy, Buttler & McEwen, Portland.

Phillips, Coughlin, Buell & Phillips, Portland, filed a brief for respondents.

Before McALLISTER, Presiding Justice, and GOODWIN and FORT, Justices.

REVERSED.

PER CURIAM.

Plaintiff, holding a $2,500 deposit in a real estate transaction, has interpleaded the Jones Lumber Company as buyer and E.P. Hamilton and others as sellers. Jones appeals a judgment in favor of the Hamiltons.

The conditions of the deposit by Jones called for payment to the Hamiltons upon release or extinction of a right of way over certain timber lands being acquired by Jones. Some eight...

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