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IRWIN YACHT SALES, INC. v. CARVER BOAT CORP.

A8803-01635; CA A49369.

778 P.2d 982 (1989)

98 Or.App. 195

IRWIN YACHT SALES, INC., an Oregon Corporation, Appellant, v. CARVER BOAT CORPORATION, a Wisconsin Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Kathryn R. Janssen, Portland, argued the cause for appellant. With her on the briefs were Peter R. Chamberlain of Bodyfelt Mount Stroup & Chamberlain, Portland.

Timothy W. Grabe, Portland, argued the cause for respondent. With him on the brief was Don G. Swink, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff, a boat retailer, seeks indemnity from defendant, a boat manufacturer, for the amount of a judgment against plaintiff for damages incurred by a purchaser of a boat. In the underlying action, both plaintiff and defendant were found to be severally liable for a portion of the purchaser's damages. In the present action, the trial court granted defendant's motion to dismiss for failure to state a claim, ORCP 21 A(8), holding that the...

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