C.I.S. NORTHWEST v. BERJAC OF PORTLAND

A8501-00356; CA A38096.

742 P.2d 618 (1987)

87 Or.App. 233

C.I.S. NORTHWEST, Inc., Appellant, v. BERJAC OF PORTLAND, Inc., Respondent.

Court of Appeals of Oregon.

Decided September 9, 1987.


Attorney(s) appearing for the Case

George W. McLean, Jr., Seattle, Wash., argued the cause and filed the briefs for appellant.

James P. Laurick, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.


BUTTLER, Presiding Judge.

Plaintiff, an insurance broker, brought this action against defendant, an insurance premium financing company, to recover money that it had paid to defendant pursuant to defendant's demand under ORS 746.515. The trial court dismissed the complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We reverse.

We assume that the facts pleaded in plaintiff's complaint are true. Sommerfeldt v. Trammell...

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