Shinn v. Buckley House, Inc.

The trial court awarded judgment to plaintiff on a claim for an account stated but denied his claim that interest on the account was payable from the date of accrual1 on the basis of defendant’s defense of estoppel. Plaintiff appeals and assigns error to the trial court’s failure to strike defendant’s affirmative defense under ORCP 21A(8), because it does not allege a false representation made with the intention that defendant rely on it.2 See Donahoe v. Eugene Planning Mill, 252 Or 543, 545, 450 P2d 762 (1969). We strictly construe pleadings of estoppel to determine whether the elements are…