Davis v. Oregon-Canadian Forest Products, Inc.

Defendant appeals from a summary judgment on an account stated claim, contending that the questions of whether defendant’s silence was an admission of the correctness of the account and whether the failure to object was reasonable are questions of fact for the jury. We review the record in the light most favorable to the party opposing the motion. Stanfield v. Laccoarce, 288 Or 659, 665, 607 P2d 177 (1980).

In December, 1980, defendant, by its president, Holm, retained the services of Case, an attorney, to recover approximately $90,000 which had been embezzled from defendant by a bookkeeper.1…