U.S. NATIONAL BANK v. BOGE

86-2083; CA A50913.

794 P.2d 801 (1990)

102 Or.App. 262

United States NATIONAL BANK of Oregon, a National Banking Association, Appellant, v. Neal J. BOGE, Respondent. Martin Boge, Defendant — Third-Party Plaintiff, v. J.M. Crowley, Third-Party Defendant.

Court of Appeals of Oregon.

Decided June 20, 1990.


Attorney(s) appearing for the Case

Gregory A. Chaimov, Portland, argued the cause for appellant. With him on the briefs were James F. Dulcich and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Clayton C. Patrick, Salem, argued the cause for respondent. With him on the brief was William D. Brandt, Salem.

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


DEITS, Judge.

U.S. National Bank (Bank) brought this action on promissory notes executed by defendant Neal Boge. Boge counterclaimed, contending, inter alia,1 that Bank breached the implied covenant of good faith and fair dealing in the loan agreement between the parties. The jury awarded damages to Bank on its claim and substantially greater damages to Boge on his counterclaim. The trial court entered a judgment for Boge for the...

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