FISCHL v. AUST


566 P.2d 518 (1977)

279 Or. 181

Hal FISCHL, Lloyd R. Bergman, Hubert T.E. Baker, W.T. Boyd, Jim Garvison, Donald Cawood, Phil Gardner, Earl E. Dilts, E.W. Shields, Fred Peterson, W.L. Barnett, Theodore Pilip, al Redig, Trustees, Respondents, v. Fred AUST, Dba Fred Aust Painting Service, Appellant.

Supreme Court of Oregon, Department 1.

Decided July 12, 1977.


Attorney(s) appearing for the Case

Lynn Moore, Moore, Wurtz & Logan, Springfield, argued the cause and submitted briefs for appellant.

Jerome B. Buckley, Jr., Portland, argued the cause for respondents. With him on the brief were Herbert B. Galton and Galton & Popick, Portland.

Before HOLMAN, P.J., and HOWELL, LENT and TOMPKINS, JJ.


LENT, Judge.

This is a suit in equity for an accounting. We review de novo. ORS 19.125(3). The issues before us are whether defendant entered into a binding agreement to contribute to various union trust funds and, if so, whether plaintiffs, who are the trustees of those funds, are barred by laches from enforcing the agreement. The trial court determined both issues in plaintiffs' favor. We affirm.

The dispute had its origins in September of 1970, when defendant...

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