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McCALLUMS, INC. v. MOUNTAIN TITLE CO.

No. 79-782-L; CA A22395.

654 P.2d 1157 (1982)

60 Or.App. 693

McCallums, INC., an Idaho Corporation, Respondent, v. MOUNTAIN TITLE CO., an Oregon Corporation, Third Party Plaintiff-Appellant. Frankie Gates, Dba North Star Realty, Defendant-Third Party Plaintiff, v. Paul F. Howell and Pat Howell, Husband and Wife, Third Party Defendants.

Court of Appeals of Oregon.

Decided December 15, 1982.

Attorney(s) appearing for the Case

John Svoboda, Springfield, argued the cause for third party plaintiff-appellant. With him on the brief was Wiswall, Svoboda, Thorp & Dennett, P.C., Springfield.

Penny Lee Austin, Medford, argued the cause for respondent. With her on the brief were William H. Ferguson, and Grant, Ferguson & Carter, Medford.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff brought this action against defendant Mountain Title Co., alleging generally that Paul F. and Pat Howell had assigned to plaintiff certain proceeds from the prospective sale of the Howells' house, that defendant had notice of the assignment, that the proceeds were in defendant's possession and that defendant had wrongfully delivered the proceeds to the Howells rather than to plaintiff. The trial court granted summary judgment...

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