SABRE FARMS, INC. v. JORDAN

A8203-01935; CA A30113.

717 P.2d 156 (1986)

78 Or.App. 323

SABRE FARMS, INC., a Montana Corporation, Appellant, v. H.C. JORDAN, Individually and As a Partner of Boardman Industries, Oregon, Ltd.; Lois Jordan; Prudential Insurance Co.; Walter J. Reid, Individually and As a Partner of Rb Farms, of Columbia River Produce Company, of Miller Produce Company, of Northwest C.U. Company, and of Boardman Industries, Oregon, Ltd.; John R. Davidson; Jon Wheeler; Margaret C. Wheeler; Miracle Potato Company; Garry O. Pitsch, Individually and As a Partner of Northwest C.U. Company and of Miller Produce Company; Four Star Chemical Company; Boardman Industries, Oregon, Ltd., Doing Business As Oregon Potato and Oregon Potato, Inc., Its Successor, Respondents, Walter J. Reid and Antone Bicandi, a Partnership Doing Business As Rb Farms; Walter J. Reid, Frank Dye and Garry O. Pitsch, a Partnership Doing Business As Northwest C.U. Company; Walter J. Reid, Robert J. Lamb and Don Brewer, Jr., a Partnership Doing Business As Columbia River Produce Co. and Miller Produce Company, Its Successor; Don Brewer, Jr.; Antone Bicandi; Lynn Potter; Robert J. Lamb and Frank Dye, Defendants. H.C. Jordan; Walter J. Reid; Garry O. Pitsch and John R. Davidson, Third Party Plaintiffs, v. S.P. Kurth; R.E. Svare; E.W. Muir; Lawrence Lindsay; Beverly Kyd and Robert Thurston, Third Party Defendants.

Court of Appeals of Oregon.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Donald H. Mullins, Seattle, Wash., argued the cause, for appellant. With him on briefs were Judith B. Stouder, Martha J. Dawson, and Schweppe, Krug & Tausend, P.S., Seattle, Wash., and John S. Ransom and Ransom, Blackman & Simson, Portland.

Don G. Carter, Portland; Milo Petranovich, Portland; Roger K. Stroup, Portland; Jack L. Kennedy, Portland; and I. Franklin Hunsaker, Portland, argued the cause, for respondents. With them on brief were Donald W. McEwen, and McEwen, Gisvold, Rankin & Stewart, Portland; Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland; E. Richard Bodyfelt and Bodyfelt, Mount, Stroup & Chamberlain, Portland; Susan E. Watts and Kennedy, King & Zimmer, Portland; W. Eugene Hallman and Mautz, Hallman & Heicher, Pendleton; and Thomas A. Gordon, Danford E. Lloyd Bickmore, and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Before GILLETTE, P.J. Pro Tem., and JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

Plaintiff (Sabre) was created in 1973 by three Montana ranchers who envisioned the conversion of eastern Oregon desert land into productive farmland with irrigation from the Columbia River. Sabre's primary cash crop was potatoes. At the relevant times, H.C. Jordan was chairman of Sabre's board and its treasurer. Pitsch was controller from April, 1977, to May, 1980, and became assistant secretary in August, 1978. Reid was president from March,...

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