Stotts v. Johnson

192 Or. 403 (1951)

234 P.2d 1059

235 P.2d 560

STOTTS

v.

JOHNSON and MARSHALL

Supreme Court of Oregon.

Argued June 5, 1951.

Affirmed as modified August 14, 1951.

Petition for rehearing denied September 12, 1951.

Warde H. Erwin, of Portland, argued the cause for appellant. On the brief was Lee A. Ellmaker, of Portland.

C.E. Wheelock, of Portland, argued the cause for respondent. On the brief were Wheelock & Hathaway and C.R. Richardson, all of Portland.

Before BRAND, Chief Justice, and HAY, ROSSMAN and LATOURETTE, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by Arthur Johnston (erroneously…