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PIONEER TITLE CO., ETC. v. HOUSING ASSOC., INC.

578 P.2d 1219 (1978)

282 Or. 215

PIONEER TITLE CO. OF LANE COUNTY, an Oregon Corporation, Appellant, v. HOUSING ASSOCIATES, Inc., an Oregon Corporation, the Bank of California, a National Banking Association, Roosevelt Creal, Larry Smith, Herbert P. Welch, and Eedi, Inc., an Oregon Corporation, Defendants, Arthur J. Shankle, Robert M. Shrode, and Ronald E. Reiswig, Respondents.

Supreme Court of Oregon, Department 2.

Argued and Submitted March 8, 1978.

Attorney(s) appearing for the Case

Kaye C. Robinette, of Robinette & Cleveland, Eugene, and Walter H. Grebe, of Anderson, Hall, Lowthian, Gross, Grebe & Jensen, Portland, argued the cause and filed the briefs for appellant.

Clayton C. Patrick, Salem, argued the cause for respondent Reiswig. With him on the brief were Roy Dwyer and Roy Dwyer, P.C., Eugene.

Richard D. Curtis, of Curtis, Hendershott, Strickland & Hudson, Eugene, argued the cause and filed the brief for respondents Shankle and Shrode.

Before DENECKE, C.J., TONGUE and BRYSON, JJ., and JOSEPH, J. Pro Tem.

TONGUE, Justice.

This is an action by the assignee of a bank to enforce written guaranty agreements for payment of debts owed by defendant Housing Associates, Inc., for which payment was credited to that corporation by the bank by mistake. The case was tried to the court, without a jury. Plaintiff appeals from a judgment in favor of defendants, based upon a general finding "for the defendants and against plaintiff."

Because we must affirm that judgment if...

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