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Timberline Equipment Co. v. Davenport

Oregon Supreme Court
514 P.2d 1109 (1973)


Facts

Kenneth L. Davenport, Dr. Gorman, and Dr. Bennett (defendants) were partners doing business as “Aero-Fabb Co.” In January 1970, Bennett submitted defective articles of incorporation. Before the certificate of incorporation was issued in the name of Aero-Fabb Corp. (Aero-Fabb) in June, Davenport entered into a rental agreement with Timberline Equipment Co. (Timberline) (plaintiff) on behalf of Aero-Fabb. Timberline sued the defendants under the rental agreements. The trial court found for the plaintiff. Bennett alone appealed to the Oregon Supreme Court.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Denecke, J.)

The holding and reasoning section includes:

  • 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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