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WILLAMETTE QUARRIES v. WODTLI

CC 84-1138/CA A42921/SC S35695.

781 P.2d 1196 (1989)

308 Or. 406

WILLAMETTE QUARRIES, Inc., an Oregon Corporation, Petitioner On Review, v. Allen WODTLI and Ruth L. Wodtli, Husband and Wife, J.C. Compton Contractor, Inc., an Oregon Corporation, Dba J.C. Compton Contractors, and Morse Brothers, Inc., an Oregon Corporation, Respondents On Review, and Cascade Crushing, Inc., an Oregon Corporation, Defendant.

Supreme Court of Oregon, In Banc.

Decided October 26, 1989.

Attorney(s) appearing for the Case

Ray Fechtel, of Ray Fechtel, P.C., Eugene, argued the cause and filed the petition for petitioner on review.

Thomas J. Reuter, of Morley, Thomas, Kingsley, Reuter & McHill, Lebanon, argued the cause for respondents on review Wodtli.

Dean M. Quick, of Weatherford, Thompson, Brickey & Quick, P.C., Albany, argued the cause for respondents on review J.C. Compton Contractor, Inc., and Morse Brothers, Inc.

PETERSON, Chief Justice.

The plaintiff filed this action after discovering that rock had been removed from a quarry from which the plaintiff by contract had an exclusive right to remove a certain type of rock. After the plaintiff rested, the trial court granted a directed verdict. The Court of Appeals affirmed in part and reversed in part. Willamette Quarries v. Wodtli, 93 Or.App. 306, 761 P.2d 1356

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