METZ SUPPLY, INC. v. ALLEN CARE CENTERS, INC.

No. 196404; CA 18672.

623 P.2d 1141 (1981)

50 Or.App. 653

METZ SUPPLY, INC., Appellant, v. ALLEN CARE CENTERS, INC., Respondent.

Court of Appeals of Oregon.

Decided February 23, 1981.


Attorney(s) appearing for the Case

George Wittemyer, Portland, argued the cause and filed the brief for appellant.

Michael J. Gentry, Portland, argued the cause for respondent. With him on the brief was Tooze, Kerr, Marshall & Shenker, Portland.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


PER CURIAM.

We conclude that plaintiff and defendant entered into a settlement agreement of a prior lawsuit commenced by plaintiff in the Circuit Court and that the settlement agreement was fully performed, resulting in the dismissal of the Circuit Court lawsuit. We conclude further that in the event the settlement agreement was not fully performed by defendant, plaintiff has failed to prove its damages with reasonable certainty. Based upon those conclusions, plaintiff...

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