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249 Or. 433

Morrow v. Baker

Oregon Supreme Court

Decided March 27, 1968

Oregon Supreme Court · decided 1968-03-27

Decided 1968-03-27

PER CURIAM.

¶1Plaintiff brought an action against defendants on a promissory note. Defendants counterclaimed. The adjustment of the rights of the parties necessitated an accounting and, although the parties did not formally stipulate that the case was to be treated as a suit for an accounting, it was so tried by them and we shall so regard it. Plaintiff appeals from a decree which cancelled the promissory note and directed the entry of a judgment for $2,077 with interest in favor of defendants.

¶2The evidence was sufficient to establish that the parties had entered into a joint adventure and that an accounting was necessary to determine their respective interests.

¶3We have examined the various items for which credit is claimed in the accounting and we have concluded that the computation made by the trial court is accurate. We are also of the opinion that the trial court properly disposed of the contentions now raised in plaintiff’s assignments of error.

¶4The decree of the trial court is affirmed.

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