GERGEN v. BARTZAT

No. 78-1048; CA 15331.

611 P.2d 352 (1980)

46 Or.App. 347

Ferris GERGEN and Patricia Gergen, Respondents-Cross-Appellants, v. Albert M. BARTZAT, Aka Bartzat Leasing Co., Inc., Appellant.

Court of Appeals of Oregon.

Decided May 27, 1980.


Attorney(s) appearing for the Case

Steve P. Chez, Eugene, argued the cause and filed the briefs for appellant.

E. Scott Lawlor, Eugene, argued the cause for respondents-cross-appellants. With him on the briefs was McCoy & Lawlor, Eugene.

Before RICHARDSON, P.J., THORNTON and BUTTLER, JJ., and HOWELL, J. Pro Tem.


BUTTLER, Judge.

Defendant appeals from a judgment in favor of plaintiffs in an action for money had and received after plaintiffs' demurrer to defendant's affirmative defense and counterclaim was sustained by the trial court. Plaintiffs cross-appeal, contending that the striking of their claim for punitive damages was error.

Because the only issue raised by defendant's appeal arises on demurrer, we only know what is set forth in the pleadings, which are not...

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