BRASHER'S CASCADE AUTO AUCTION v. LEON

090101376; A144938.

270 P.3d 330 (2011)

247 Or. App. 535

BRASHER'S CASCADE AUTO AUCTION, INC., Plaintiff-Respondent, v. Guillermo E. LEON, dba Leon's Auto Sales, Defendant, and Western Surety Company, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2011.


Attorney(s) appearing for the Case

Vicki M. Smith , Portland, argued the cause for appellant. With her on the briefs were Pamela J. Stendahl , and Bodyfelt Mount LLP.

Robert C. Dougherty , Portland, argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and HADLOCK, Judge.


HADLOCK, J.

This case arose after a vehicle dealer failed to pay for vehicles that he had purchased on credit from two wholesale auto-auction businesses. Plaintiff, representing the auctions, sued both the vehicle dealer, defendant Guillermo E. Leon dba Leon's Auto Sales (Leon), and the surety on the dealer's bond, defendant Western Surety Company (Western). Plaintiff contended that Leon's failure to pay was a breach of contract; plaintiff also argued that it was...

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