McCREIGHT ET UX v. Girardo

205 Or. 223 (1955)

280 P.2d 408

287 P.2d 414

McCREIGHT ET UX

v.

GIRARDO

Supreme Court of Oregon.

Argued February 16, 1955.

Argued on rehearing April 27, 1955.

Affirmed March 2, 1955.

Former opinion withdrawn, reversed and remanded September 9, 1955.

Edwin J. Welsh, Portland, argued the cause for appellants. With him on the brief were Jack M. McLaughlin and McCarty, Dickson & Swindells, Portland.

Richard F. Deich, Portland, argued the cause for respondent. On the brief were Bryson and Deich, Portland.

Before WARNER, Chief Justice, and LUSK, BRAND and LATOURETTE, Justices.

AFFIRMED.

LATOURETTE, J.

Declaratory…