STANDARD PROD. CO. v. ICN UNITED MED. LAB.


569 P.2d 594 (1977)

279 Or. 633

STANDARD PRODUCTS CO., an Oregon Corporation, Appellant, v. ICN UNITED MEDICAL LABORATORIES, Inc., an Oregon Corporation, Fka United Medical Laboratories, Inc., Respondent.

Supreme Court of Oregon, Department 2.

Decided September 27, 1977.


Attorney(s) appearing for the Case

Michael A. Corn, Portland, argued the cause for appellant. With him on the brief was Henry A. Carey, Jr., Portland.

Thomas L. Gallagher, Jr., Portland, argued the cause for respondent. With him on the brief was Hardy, Buttler, McEwen, Weiss & Newman, Portland.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.


BRYSON, Justice.

This is an action on an account stated, based on sales of vitamins and food concentrates by plaintiff to defendant, leaving a balance due, according to plaintiff, of $38,604.89. The trial court, sitting without a jury, found that "the evidence fails to establish the account stated as alleged in plaintiff's Complaint * * *." Plaintiff appeals.

Plaintiff first asserts, "The trial court erred in entering judgment for defendant based on the finding...

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