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METAL TECH CORP. v. METAL TECKNIQUES CO.

A8008-04666; CA A29456.

703 P.2d 237 (1985)

74 Or.App. 297

METAL TECH CORP., an Oregon Corporation, and Thomas H. Prentice, Appellants — Cross-Respondents, v. METAL TECKNIQUES CO., Inc., a Washington Corporation, Clyde Equipment Company of Oregon, Inc., an Oregon Corporation, Seawest Equipment Company, Convenience Leasing Company, Inc., an Oregon Corporation, Respondents, Columbia Associates, a California Limited Partnership, Dba Columbia Industrial Park, Defendant, Edward J. Christiansen, Don Warren, William C. McConnell, David N. Ford, D.R. Itschner, Norman Itschner, Respondents — Cross-Appellants, v. Margaret M. Prentice, Cross-Respondent.

Court of Appeals of Oregon.

Decided July 10, 1985.

Attorney(s) appearing for the Case

Roger Tilbury, Portland, argued the cause for appellants-cross-respondents Metal Tech Corp. and Thomas H. Prentice, and cross-respondent Margaret M. Prentice. With him on the briefs were Mark F. Stoker, Certified Law Student, and McClaskey, Greig & Troutwine, Portland.

Michael J. Francis, Portland, argued the cause for respondent Metal Teckniques Co., Inc. With him on the briefs was Dunn, Carney, Allen, Higgins & Tongue, Portland.

Jack H. Cairns, Portland, joined in the brief of respondent Metal Teckniques Co., Inc., and argued the cause and filed the reply brief for respondents Clyde Equipment Co. of Oregon, Seawest Equipment Co., and Convenience Leasing Co., and respondents — cross-appellants Christiansen, Warren, McConnell, Ford, D.R. Itschner and Norman Itschner.

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

WARREN, Judge.

The controversies in this case arose from the sale of Metal Tech Corporation's assets to Metal Teckniques Co., Inc., organized to continue the operations of Metal Tech, and the sale of Metal Teckniques stock. Plaintiffs Metal Tech and Thomas Prentice, sole shareholder of Metal Tech and a shareholder of Metal Teckniques, instituted this action with three types of claims: (1) against Metal Teckniques to recover money owed on the contract for sale of the...

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