MOFFET v. GINTHER

A7811-19000; CA A32981.

709 P.2d 714 (1985)

76 Or.App. 326

Franklin MOFFET and Susan Moffet, Husband and Wife, Respondents — Cross-Appellants, v. Gene GINTHER, Marvin Heath, Art Lutz & Co., and Oregon Corporation, and Robert G. Crewse, Defendants, Kingswood Development Co., an Oregon Corporation, Appellant — Cross-Respondent.

Court of Appeals of Oregon.

Decided November 14, 1985.


Attorney(s) appearing for the Case

Robert L. Dressler and Dressler & Granata, Portland, Submitted brief, for appellant — cross-respondent.

John Chally and Bouneff, Chally & Marshall, Portland, Submitted brief, for respondents — cross-appellants.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


WARDEN, Judge.

Defendant Kingswood Development Co. (defendant) appeals from a judgment awarding damages for its negligent failure to design and construct a drainage system to prevent water from collecting under the house that it built for plaintiffs. Plaintiffs cross-appeal, claiming that the trial court erred in allowing defendant to amend its pleadings to add an affirmative defense during the trial. We affirm.

Defendant sold a lot to plaintiffs in 1976 and...

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