WHIT-LOG v. FIBREX & SHIPPING CO.

C-86-264; CA A44241.

752 P.2d 843 (1988)

90 Or.App. 237

WHIT-LOG, an Oregon Corporation, Respondent, v. FIBREX & SHIPPING CO., Inc., an Oregon Corporation, Third-Party Plaintiff-Appellant, v. M.V.W. Trucking, Inc., an Oregon Corporation; Walter Strain and Myrna Strain, Third-Party Defendants.

Court of Appeals of Oregon.

Decided April 6, 1988.


Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause, for third-party plaintiff-appellant. With her on the brief was Kell, Alterman & Runstein, Portland.

Margaret E. Dailey, Roseburg, argued the cause, for respondent. With her on the brief was Cegavske & Seitz, P.C., Roseburg.

Before RICHARDSON, P.J., and JOSEPH, C.J., and NEWMAN, J.


JOSEPH, Chief Judge.

Fibrex Shipping Co., Inc. (defendant) appeals from a judgment holding it liable for repair work done by plaintiff on a trailer. The trial court held that the debt was not discharged by a novation and that defendant was, therefore, liable. We affirm.

Strain had been working as defendant's trucking business superintendent for five or six years when plaintiff repaired the particular trailer in question. During that time, Strain and his wife...

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