Holmes v. Anthony

Plaintiff appeals from the dismissal of his suit for a declaratory judgment and other relief, on the ground that there was another action pending between the same parties for the same cause. ORCP 21 A.(3).

In September, 1976, plaintiff and defendant entered into a contract whereby plaintiff agreed to construct defendants’ family residence. The contract included an arbitration clause covering certain types of disputes which might arise during construction. A dispute did arise, and on September 8, 1977, defendants petitioned the circuit court, pursuant to ORS 33.230, for an order compelling…