Sasser v. DeLorme

I strongly disagree with both the rationale and the result reached by the majority in this case. In my view the majority is not only deciding the case on a ground not raised by either party during the trial, it is resting the decision on a ground that is contrary to settled law in this state. ORS 19.125(3).1

*635First, there was never at any time even a suggestion by any of the parties that the jury verdict on the two legal claims would be dispositive of the accounting claim. Nevertheless, the majority now disposes of the case on that issue without benefit of briefs or oral argument and without…