State Ex Rel. McAmis Industries of Oregon, Inc. v. M. Cutter Co.

Defendants M. Cutter Company (Cutter) and Indemnity Company of California (ICC) appeal from a money judgment following a trial to the court in this breach of contract action stemming from damage to two barges. Among other contentions on appeal, defendants assign error to the trial court’s refusal to grant summary judgment or, alternatively, their motion at trial for judgment as a matter of law in their favor on the ground that plaintiffs claim was barred by the doctrine of claim preclusion. Plaintiff cross-assigns error to the trial court’s order allowing defendants to raise the defense of…