TRI-COUNTY INS., INC. v. MARSH

No. 78-3-161; CA 15041.

608 P.2d 190 (1980)

45 Or.App. 219

TRI-COUNTY INSURANCE, Inc., an Oregon Corporation, Respondent, v. George F. MARSH, Dba Marsh's Painting, Appellant.

Court of Appeals of Oregon.

Decided March 17, 1980.


Attorney(s) appearing for the Case

Merritt J. Willson, Oregon City, argued the cause and filed the brief for appellant.

Patrick A. Butler, Portland, argued the cause for respondent. With him on the brief was Luebke & Wallingford, Portland.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.


RICHARDSON, Judge.

Plaintiff brought this action upon an account stated. The court sitting without a jury rendered judgment for plaintiff in the amount of the prayer. Defendant makes two assignments of error: first, that the court erred in considering the case as a cause of action for an open account; and second, that the court erred in denying defendant's motions for involuntary nonsuit and for judgment in defendant's favor.

Plaintiff purchased an insurance...

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