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DeCICCO v. OBER LOGGING CO.

447 P.2d 297 (1968)

Mike DeCicco, Dba Mike DeCicco & Son, Plaintiff and Respondent, v. OBER LOGGING CO., Inc., a Corporation, Defendant and Respondent, and United States Rubber Company, a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 13, 1968.

Attorney(s) appearing for the Case

A. Richard Grant, Portland, argued the cause for appellant. With him on the briefs were Vosburg, Joss & Bosch, Portland.

Roger Tilbury, Portland, argued the cause and filed a brief for plaintiff and respondent.

No appearance for defendant and respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

Defendant United States Rubber appeals from a judgment for plaintiff and assigns error to the court's failure to sustain a demurrer grounded upon a misjoinder of causes of action.

Plaintiff, an unpaid seller of tires, commenced an action against Ober Logging Co., the purchaser, for the purchase price. In the same action, plaintiff later joined as a defendant the manufacturer, United States Rubber...

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