2878 | Or. | Mar 19, 1928

In Banc. This appeal is pending on motion to dismiss on the same ground as the companion case of the same title this day decided (ante, p. 652). The only difference is that this is an action to recover the possession of personal property while the other action was to recover possession of real property. *655 Both actions arose out of the same contract between the parties litigant.

For the reasons assigned in the companion case the motion to dismiss is allowed.

APPEAL DISMISSED.

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