McDougal v. Griffith

Plaintiff appeals from a judgment on defendants’ counterclaim for damages arising out of a cattle grazing lease between the parties. Plaintiff raises several assignments of error on appeal, most of them relating to the court’s calculation of damages. We address only plaintiffs assignment challenging the trial court’s judgment on the ground that it exceeded the amount pleaded in violation of ORCP 67 C(2), and we affirm.

The parties entered into a lease agreement in which plaintiff provided cattle pasture for grazing defendants’ calves during the 1995 grazing season, lasting approximately from…