SAUSE BROS. OCEAN TOWING CO. v. GUNDERSON, INC.


510 P.2d 541 (1973)

SAUSE BROS. OCEAN TOWING CO., Inc., Appellant, v. GUNDERSON, INC., Respondent.

Supreme Court of Oregon.

Decided June 1, 1973.


Attorney(s) appearing for the Case

J. Laurence Cable, Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, and Robert G. Simpson, Ridgway K. Foley, Jr., and Terry C. Hauck, Portland.

William F. White, Portland, argued the cause for respondent. With him on the brief were White, Sutherland, Brownstein & Parks, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOWELL and BRYSON, JJ.


BRYSON, Justice.

Plaintiff commenced this action to recover $10,800 from defendant under the demurrage provision of a contract of affreightment. Defendant's answer consisted of a general denial and three affirmative defenses. The case was tried before the court sitting without a jury. After making findings of fact and conclusions of law, the court entered judgment for plaintiff in the sum of $800, based on two days' demurrage...

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