McDOUGAL v. GRIFFITH

96-02-44 CV; CA A96758.

964 P.2d 1135 (1998)

156 Or. App. 83

Marvin McDOUGAL, Appellant, v. Glen GRIFFITH and David Correa, Respondents.

Court of Appeals of Oregon.

Decided September 9, 1998.


Attorney(s) appearing for the Case

David B. Hydes, Canyon City, argued the cause for Appellant. With him on the brief were David B. Hydes, P.C. and Gregory T. Day.

David M. Blanc, Pendleton, argued the cause for Respondent. With him on the brief was Corey, Byler, Rew, Lorenzen & Hojem, L.L.P.

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


LINDER, Judge.

Plaintiff appeals from a judgment on defendants' counterclaim for damages arising out of a cattle grazing lease between the parties. Plaintiff raises several assignments of error on appeal, most of them relating to the court's calculation of damages. We address only plaintiff's assignment challenging the trial court's judgment on the ground that it exceeded the amount pleaded in violation of ORCP 67 C(2), and we affirm.

The parties entered into...

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