Elsasser v. Wilcox

596 P.2d 974 (1979)

286 Or. 775

Fred ELSASSER, Appellant,

v.

Glen H. WILCOX and Joan M. Wilcox, Husband and Wife, Respondents.

No. A 7701-00402; SC 25572.

Supreme Court of Oregon, In Banc.[*]

Argued and Submitted December 6, 1978.

Reargued February 6, 1979.

Decided June 26, 1979.

Harry R. Kraus, Portland, argued and reargued the cause and filed a brief for appellant.

Marshall C. Cheney, Portland, argued and reargued the cause for respondents. With him on the brief was Donald O. Costello, Portland.

HOWELLL, Justice.

Plaintiff filed a declaratory judgment proceeding to determine the rights of the parties…