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DEERING v. HYDE

563 P.2d 693 (1977)

278 Or. 215

George DEERING and Pauline M. Deering, Respondents, v. Ronald HYDE, Appellant.

Supreme Court of Oregon, In Banc.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Sidney A. Brockley, Oregon City, argued the cause for appellant. With him on the briefs were Jack, Goodwin & Urbigkeit, Oregon City.

Gerald R. Pullen, Portland, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, LENT, LINDE and MENGLER, JJ.

LINDE, Justice.

Defendant Ronald Hyde appeals from a judgment for plaintiffs enforcing an agreement for the sale of a refuse collection business in Milwaukie, Oregon, over a number of affirmative defenses presented by him. The controversy concerns the effect on the agreement of actions taken by the City of Milwaukie in franchising the business.

Plaintiff George Deering began collecting refuse in Milwaukie in 1945 under an agreement with the city, which in...

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