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TRANSPACIFIC LEASING, INC. v. KLINELINE SAND & G. Co.

535 P.2d 1360 (1975)

TRANSPACIFIC LEASING, INC., a Washington Corporation, Respondent, Cross-Appellant, v. KLINELINE SAND & Gravel Co., a Washington Corporation, and Rolph B. Fuhrman, Appellants, Cross-Respondents.

Supreme Court of Oregon.

Decided May 30, 1975.

Attorney(s) appearing for the Case

Jonathan A. Ater, Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland, argued the cause and filed the briefs for appellants, cross-respondents.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent, cross-appellant. With him on the brief were Kenneth E. Roberts, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before McALLISTER, P.J., and HOLMAN, HOWELL, BRYSON and SCHWAB, JJ.

HOLMAN, Justice.

This is an action for damages for the breach of a contract for the lease of a concrete base stabilization plant (pugmill). Defendant Klineline Sand & Gravel Co. (Klineline) needed a pugmill to complete a contract by which it was obligated to furnish concrete base for a highway project. Klineline had intended to purchase the pugmill from the Schetky Equipment Corporation; however, since Klineline needed financing, Schetky Equipment sold the pugmill...

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