Fischer v. Howard

201 Or. 426 (1954)

271 P.2d 1059

FISCHER

v.

HOWARD

Supreme Court of Oregon.

Argued October 27, 1953.

Reargued March 17, 1954.

Reversed June 17, 1954.

William Schroeder, of Vale, and Roy Kilpatrick, of Canyon City, argued the cause for appellant. On the brief were Lytle, Kilpatrick & Schroeder, of Vale.

Martin P. Gallagher argued the cause for respondent. On the brief were Gallagher & Gallagher, of Ontario.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant from an order of the circuit court which sustained a motion made by the plaintiff for a new trial. The action in which the challenged order was…