BUDDEN v. DYKSTRA

9503768-CV; A108869.

47 P.3d 49 (2002)

181 Or. App. 523

Brent BUDDEN, Respondent, v. Wayne DYKSTRA, Elizabeth Dykstra, and Liquid Engineering Corporation, Inc., an Oregon corporation, Appellants.

Court of Appeals of Oregon.

Decided May 29, 2002.


Attorney(s) appearing for the Case

Darleen Darnall argued the cause for appellants. With her on the briefs were Michelle A. Bellia and Davis Wright Tremaine LLP, Portland.

J. Marie Bischman, Salem, argued the cause for respondent. With her on the briefs were J. Philip Parks and Parks, Bauer, Sime & Winkler LLP.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


LANDAU, P.J.

The principal issue in this breach of contract case is whether the trial court erred in dismissing defendants' unconscionability defense as a sanction for failure to comply with orders compelling discovery. According to defendants, the trial court failed to make appropriate findings and to consider less drastic sanctions and, in any event, the sanction was unduly harsh. Plaintiff contends that defendants did not preserve their objections as to the lack...

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