OREGON BANK v. NAUTILUS CRANE & EQUIP. CORP.

No. 7908-03694; CA A24898.

683 P.2d 95 (1984)

The OREGON BANK, an Oregon Banking Corporation, Respondent, v. NAUTILUS CRANE & EQUIPMENT CORPORATION, a Corporation, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 3, 1983.


Attorney(s) appearing for the Case

Roger J. Leo, Portland, argued the cause, for appellant. With him on the briefs were Malcolm J. Montague and Parks, Montague, Allen & Greif, Portland.

Gordon T. Carey, Jr., Portland, argued the cause, for respondent. With him on the brief were Donald H. Marmaduke and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

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


BUTTLER, Presiding Judge.

In this action, The Oregon Bank, as assignee, seeks recovery of an account receivable that arose out of the sale of hydraulic cranes by the bank's assignor, NCI Corporation (NCI), to defendant, a retailer of cranes. Defendant asserts affirmative defenses by way of setoff for breach of implied warranties of merchantability and fitness for a particular purpose, and for reimbursement for repair work performed under a Sales and Service Agreement...

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