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State v. Miller

Oregon Supreme Court
233 P.2d 786 (1951)


Facts

Miller (defendant) induced the Hub Lumber Company (Hub) to pay Miller’s debt owed to the Howard Cooper Corporation (Howard Cooper) for a tractor which Miller had represented to Hub was owned free and clear of any encumbrance and upon executing a chattel mortgage thereto as security. Miller was actually purchasing the tractor under a conditional sales contract. Miller was found guilty of obtaining property by false pretenses and he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Luck, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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