GENDER MACHINE WORKS v. EIDAL INTERNATL. SALES

Nos. 9210-07025 and 9212-08741; CA A87470.

929 P.2d 1033 (1996)

145 Or. App. 198

GENDER MACHINE WORKS, INC., an Oregon corporation, Respondent—Cross-Appellant, v. EIDAL INTERNATIONAL SALES CORP., INC., an Oregon corporation; Morbark Industries, Inc.; Dan Burda, an individual; Ursula Burda, an individual; Stephen E. Andersen, an individual; and Ronald Richter, an individual, Defendants, and Archer Daniels Midland Co., an Illinois corporation, Appellant—Cross-Respondent. GENDER MACHINE WORKS, INC., an Oregon corporation, Plaintiff, v. The BOEING CORPORATION, a Delaware Corporation; First Interstate Bank of Oregon, N.A., a national banking association; and Wachovia Bank of North Carolina, N.A., dba Wachovia Bank and Trust, a national banking association, Defendants.

Court of Appeals of Oregon.

Decided December 11, 1996.


Attorney(s) appearing for the Case

Keith M. Garza, Portland, argued the cause, for appellant—cross-respondent. With him on the briefs were Richard S. Gleason, Charles F. Adams, and Stoel Rives.

David Buono, Portland, argued the cause, for respondent—cross-appellant. With him on the briefs were Curtis A. Welch and Lindstedt & Buono, P.C.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Defendant Archer Daniels Midland Company (ADM) appeals a summary judgment in favor of plaintiff Gender Machine Works (Gender) in an action for breach of contract. Gender cross-appeals from those aspects of the judgment that reduced its recovery through various offsets. We affirm on the appeal and affirm in part and reverse in part on the cross-appeal.

This case arises from ADM's purchase of an industrial shredding machine and its alleged erroneous...

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