STAYTON CO-OP. TELEPHONE v. LOCKHEED ELEC.

141289; CA A33684.

717 P.2d 1283 (1986)

79 Or.App. 193

STAYTON COOPERATIVE TELEPHONE COMPANY, Appellant, v. LOCKHEED ELECTRONIC CO., Inc., Respondent.

Court of Appeals of Oregon.

Decided April 30, 1986.


Attorney(s) appearing for the Case

J. Randolph Pickett, P.C., Portland, argued the cause and filed briefs for appellant.

Mildred J. Carmack, Portland, argued the cause for respondent. With her on brief were Ancer L. Haggerty and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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


NEWMAN, Judge.

Plaintiff, a telephone utility, appeals a judgment for defendant, a computer manufacturer. Plaintiff claimed damages for breach of contract as a third party beneficiary of a written dealer purchase agreement dated August 11, 1976, between defendant and its dealer, Columbia Computer Corporation (Columbia), and of certain subsequent oral agreements. Plaintiff's complaint alleged, and defendant's answer denied, that

"[i]t was the intention of...

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