Rexius Forest By-Products, Inc. v. a & R Lumber Sales, Inc.

This is an action for monies due for services rendered. In its answer, defendant alleged a “Counterclaim by way of Set-Off.” The trial court granted plaintiffs motion for judgment on the pleadings on the “set-off.” ORCP 21B. It then granted plaintiffs motion for summary judgment on the complaint. ORCP 47. We reverse the judgment on the pleadings and otherwise affirm.

This case involves two assignments of claims. Plaintiff alleged that Transportation Management Services, Inc. (TMS) hauled lumber and wood products for defendant, but was not paid. TMS assigned its rights in the accounts to…