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DODGE CITY, INC. v. RALSTON

237 Or. 436 (1964)

391 P.2d 745

DODGE CITY, INC. v. RALSTON ET AL

Supreme Court of Oregon.

Affirmed April 29, 1964.

Attorney(s) appearing for the Case

David H. Breuer, Portland, argued the cause for appellants. With him on the briefs were Dardano & Mowry, Portland.

John S. Horton, Albany, argued the cause for respondents. With him on the brief were Weatherford, Thompson & Horton, Albany.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

Plaintiff, Dodge City, Inc., and defendant, Ralston Motor Co., are automobile dealers franchised by a national manufacturer to sell new automobiles at retail within their respective sales areas. Dodge City appeals from a judgment of nonsuit entered in favor of Ralston when Dodge City sued Ralston for indemnity.

The controversy arose out of these facts: Dodge City had as a customer one Roark. Roark wanted to purchase a new automobile...

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