Lord Electric Co. v. Pacific Intermountain Express Co.

Plaintiff (Lord) filed this action against defendant (P.I.E.) to recover damages to property incurred during transit and attorney fees pursuant to ORS 20.080(1). The case was tried before the court on stipulated facts. The trial court entered judgment in favor of plaintiff in the amount of damages as stipulated, together with attorney fees. Defendant appeals.

Defendant’s sole assignment of error is:

"The court erred in failing to determine as a matter of law that the plaintiff failed to commence its action within 2 years and one day from the date of refusal to pay claim pursuant to the terms of…