UNIVERSAL IDEAS CORP. v. ESTY

No. 16-82-04580; CA A27835.

681 P.2d 1176 (1984)

68 Or.App. 276

UNIVERSAL IDEAS CORP., an Oregon Corporation, Appellant, v. Robert A. ESTY, Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.

Reconsideration Denied June 29, 1984.

Review Denied August 8, 1984.


Attorney(s) appearing for the Case

Eric R.T. Roost, Eugene, argued the cause and filed the briefs for appellant.

Willard Bodtker, Albany, argued the cause and filed the brief for respondent.

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


WARREN, Judge.

Plaintiff (Universal) appeals from a judgment dismissing its claim against defendant (Esty) for liquidated damages resulting from breach of an alleged agreement not to compete. The trial court found that Universal was collaterally estopped from maintaining the action by an earlier Linn County decision involving the same parties. We reverse.

Universal, as seller, entered into a written contract with Esty, as purchaser, on October 16, 1975. Under...

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