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WARM SPRINGS FOREST PROD. v. RIMROCK RANCH

35016; CA A36705.

730 P.2d 1255 (1986)

83 Or.App. 175

WARM SPRINGS FOREST PRODUCTS INDUSTRIES, a Business Enterprise and Operating Division of the Confederated Tribes of the Warm Springs Reservation of Oregon, Appellant, v. RIMROCK RANCH, Inc., Dba Pine Ridge Forest Products; the Murphy Company; and Transamerica Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided December 31, 1986.

Reconsideration Denied February 13, 1987.

Review Denied March 3, 1987.

Attorney(s) appearing for the Case

Ronald L. Marceau, Bend, argued the cause for appellant. With him on the briefs were Dennis C. Karnopp and Johnson, Marceau, Karnopp, Petersen & Nash, Bend.

No appearance for respondent Rimrock Ranch, Inc.

David Brewer, Eugene, argued the cause for respondents The Murphy Co. and Transamerica Ins. Co. With him on the brief were Herb Lombard and Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

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

RICHARDSON, Presiding Judge.

Plaintiff brought this action to recover the unpaid balance due from Rimrock Ranch, Inc., under an agreement for the sale of logs from plaintiff to Rimrock, and to recover on a payment bond under which defendant The Murphy Company (Murphy) is the principal and defendant Transamerica is the surety.1 Plaintiff originally alleged that defendants were guarantors of Rimrock's performance. During trial, plaintiff...

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