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NIKE, INC. v. SPENCER

A8306-03549; CA A32879.

707 P.2d 589 (1985)

75 Or.App. 362

NIKE, INC., a Corporation, Formerly Brs, Inc., Dba Blue Ribbon Sports, Respondent, v. David C. SPENCER, Kathleen S. Spencer, and Daniel Stroick, Also Known As Dan Stroick, Appellants.

Court of Appeals of Oregon.

Decided September 25, 1985.

Reconsideration Denied November 22, 1985.

Attorney(s) appearing for the Case

Lloyd W. Weisensee, Portland, argued the cause for appellants. With him on briefs were Williams, Fredrickson, Stark, Hiefield, Norville & Weisensee, P.C., Portland.

E. Andrew Jordan, Portland, argued the cause for respondent. With him on brief were Bolliger, Hampton & Tarlow, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Nike, Inc., as the surviving corporation of a merger with its wholly owned subsidiary, BRS, Inc., brought this action to enforce a guaranty agreement between defendants and BRS for the debts of Barefoot Sports, Inc., a Wisconsin corporation. After denying defendants' motions to dismiss for lack of personal jurisdiction, ORCP 21 A(2), and for failure to state facts sufficient to constitute a claim, ORCP 21 A(8), the trial court granted Nike's motion...

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