Valley Iron & Steel Co. v. Thorin

Plaintiff brought an action in assumpsit for the reasonable value of goods sold and delivered to the defendant. Defendant pleaded affirmative defenses, alleging breaches of the implied warranties of merchantability and fitness for particular purpose. ORS 72.3140; 72.3150. Following a trial to the court, judgment was entered in favor of plaintiff. Defendant appeals, claiming that the court erred in failing to find breaches of the implied warranties and improperly fixed the amount of damages.

Because of the trial court’s general finding in favor of plaintiff, we review the evidence in the light…