Ensley v. Fitzwater

This case is before us on remand from the Supreme Court, whose opinion, Ensley v. Fitzwater, 293 Or 158, 645 P2d 1062 (1982), reversed our earlier opinion dismissing the appeal. Ensley v. Fitzwater, 55 Or App 737, 639 P2d 716 (1982). The issue now is whether the trial court properly granted defendant’s motion for summary judgment.

Plaintiff brought an action on an indemnity agreement to recover the amount paid to satisfy a judgment against him and for attorney fees, costs and expenses incurred in defending that action and several other claims against him. The parties had agreed that defendant…