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HOUSING AUTH. OF PORTLAND v. ASH NAT., INC.

No. A 7704-05701; CA 9944.

584 P.2d 776 (1978)

36 Or.App. 391

HOUSING AUTHORITY OF PORTLAND, Oregon, a Public Corporation, Appellant, v. ASH NATIONAL, Inc., an Oregon Corporation, Third-Party Plaintiff-Respondent, v. Fitzgibbon Glass, Inc., an Oregon Corporation, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

October 2, 1978.

Attorney(s) appearing for the Case

David J. Sweeney, Portland, argued the cause for appellant. With him on the brief were Andrew P. Kerr and Gilbertson, Brownstein, Sweeney & Kerr, Portland. With him on the reply brief was Gilbertson, Brownstein, Sweeney & Kerr, Portland.

Roger K. Stroup, Portland, argued the cause for third-party plaintiff-respondent. With him on the brief were Tooze, Kerr, Peterson, Marshall & Shenker, and Stephen J. Smith, Portland.

Before SCHWAB, C.J., and LEE, RICHARDSON, and JOSEPH, JJ.

LEE, Judge.

This is an action at law for breach of an express warranty. Plaintiff contends that the trial court erred in granting a motion for summary judgment on the ground that plaintiff's claim was barred by the statute of limitations contained in ORS 12.135(1), infra.

In 1971 plaintiff purchased certain apartment units from defendant Ash National, Inc. (Ash). After it was discovered that many of the apartment windows leaked, plaintiff agreed on...

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