EMBICK v. GRUBER

No. 100,229; CA 14491.

610 P.2d 277 (1980)

45 Or.App. 1075

Marion B. EMBICK, Respondent, v. Matthew GRUBER, Appellant.

Court of Appeals of Oregon.

Decided April 28, 1980.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Edward L. Clark, Jr., Salem, argued the cause for respondent. With him on the brief was Clark, Marsh & Lindauer, Salem.

Before JOSEPH, P.J., and RICHARDSON and GILLETTE, JJ.


GILLETTE, J.

Defendant appeals a summary judgment for plaintiff on a promissory note. The court ruled that defendant's affirmative defenses and counterclaims were waived by action of defendant subsequent to the making of the promissory note. We reverse.

Plaintiff's motion for summary judgment included an affidavit of plaintiff and several attached exhibits. Defendant did not file counteraffidavits or offer any evidence in opposition to the motion for summary...

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