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CAPITAL INVESTMENTS v. LOFGREN

A8405-03029; CA A36801.

724 P.2d 862 (1986)

81 Or. App. 93

CAPITAL INVESTMENTS, INC., a Wisconsin corporation, Appellant, v. Jean K. LOFGREN, Respondent.

Court of Appeals of Oregon.

Decided September 3, 1986.

Attorney(s) appearing for the Case

Ben C. Fetherston, Jr., Portland, argued the cause for appellant. With him on the brief was Haugh & Foote, Portland.

Jacob Tanzer, Portland, argued the cause for respondent. With him on the brief were Jack L. Orchard and Ball, Janik & Novack, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

This is an action to enforce a guaranty. The trial court granted defendant's motion for summary judgment, holding that a judgment in a prior action was res judicata and a bar to the present action. Plaintiff appeals, arguing that, because the prior action was brought prematurely, the resulting judgment does not act as a bar. We affirm, but on different grounds.

We set forth only the facts relevant to this appeal.1

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