WAXWING CEDAR PROD. v. C & W LUMBER CO.

No. A-7704-06136; CA 12770.

605 P.2d 719 (1980)

44 Or.App. 167

WAXWING CEDAR PRODUCTS, Inc., an Oregon Corporation, Respondent, v. C & W LUMBER COMPANY, a Washington Corporation, and Virgil E. Cumbo, and A. Florence Cumbo, Appellants.

Court of Appeals of Oregon.

Decided January 28, 1980.


Attorney(s) appearing for the Case

Paul Gerhardt, Portland, argued the cause and filed the briefs for appellants.

John D. Ryan, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.


LEE, Judge.

Defendants appeal from a judgment for plaintiff in this contract action. We reverse and remand the action to the trial court for joinder of a necessary party and for further proceedings.

On December 31, 1975, the plaintiff as seller and the defendant C & W Lumber Company (C & W) as buyer entered into an agreement for the sale by plaintiff of assets connected with its lumber yard. The defendants Cumbo were guarantors of the buyer's performance...

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