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BOSTON INSURANCE COMPANY v. CAREY

471 P.2d 782 (1970)

BOSTON INSURANCE COMPANY, a Corporation, Respondent, v. George D. CAREY, Doing Business As Carey Oil Company, Defendant, and Morrison Oil Company, an Oregon Corporation, Appellant.

Supreme Court of Oregon.

Decided June 24, 1970.

Rehearing Denied July 28, 1970.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed a brief for appellant.

Donald H. Burnett, Portland, argued the cause for respondent. With him on the brief were Bullivant, Wright, Johnson, Pendergrass & Hoffman, Portland.

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

McALLISTER, Justice.

This is a subrogation action tried without a jury in which the court entered judgment for plaintiff and defendant Morrison Oil Company appeals. The only error assigned is the failure to grant defendant's motion for a nonsuit.

There is no dispute about the controlling facts. Barbara Jordan owned a service station on S.E. McLoughlin Boulevard in Portland, which she leased to George B. Carey, doing business as Carey Oil Company. Carey assigned...

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