DEL MONTE MEAT CO., INC. v. HURT


561 P.2d 627 (1977)

277 Or. 615

DEL MONTE MEAT CO., INC., a Corporation, Dba Lane Meat Company, Respondent, v. Lois M. HURT, Aka Lois M. Grossback, and Sandra Epplett, Appellants, Kenton Ira Brothers, Aka Kenton Calvin Brothers, et al., Defendants.

Supreme Court of Oregon, Department 1.

Decided March 24, 1977.


Attorney(s) appearing for the Case

Timothy J. Helfrich, Eugene, argued the cause for appellants. With him on the brief was Sahlstrom & Lombard, Eugene.

J.P. Graff, Eugene, argued the cause for respondent. With him on the brief were Stephen D. Brown, and Gildea & McGavic, Eugene.

Before DENECKE, C.J., and HOLMAN, LENT and DAVIS, JJ.


HOLMAN, Justice.

This is an action to recover for meat products alleged to have been sold to defendants. The complaint alternatively alleges an action upon an open account and an action for the reasonable value of the goods (quantum valebant). Defendants appeal from a judgment for plaintiff which was entered after a trial to the court.

The only issue is one of res judicata. Defendants contend that plaintiff's action was barred by the result in a prior...

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