EMMERT v. NO PROBLEM HARRY, INC.

021111858; A134284.

192 P.3d 844 (2008)

222 Or. App. 151

Terry W. EMMERT, dba Emmert Development Co., Plaintiff-Respondent, v. NO PROBLEM HARRY, INC., an Oregon corporation; and Chao Lin Liu, Defendants, and Way W. Lee, Defendant-Appellant. Way W. Lee, Counterclaim Plaintiff, v. Terry W. Emmert, dba Emmert Development Co., Counterclaim Defendant.

Court of Appeals of Oregon.

Decided September 3, 2008.


Attorney(s) appearing for the Case

Steven W. Seymour, Portland, argued the cause for appellant. With him on the briefs were Timothy J. Resch and Samuels Yoelin Kantor Seymour & Spinrad LLP.

Aaron M. Wigod, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


SCHUMAN, J.

This case involves a dispute between plaintiff, the landlord of a warehouse, and defendant,1 who had a security interest in merchandise stored in that warehouse. Defendant appeals from a limited judgment awarding plaintiff $220,411 in damages for breach of contract and $84,091.33 in prejudgment interest. He alleges that the trial court erred in ruling that the contract was supported by consideration, that it was not ambiguous...

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