399 P.2d 1019
Oregon Supreme Court.Argued March 4, 1965
Affirmed March 17, 1965
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Appeal from Circuit Court, Douglas County.
CHARLES S. WOODRICH, Judge.
Donald S. Kelley, Roseburg, argued the cause for appellant. With him on the brief were Kelley Garrison, Roseburg.
Gordon G. Carlson, Roseburg, argued the cause for respondent. On the brief were Yates, Murphy and Carlson, Roseburg.
Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.
AFFIRMED.
PER CURIAM.
This is an appeal from a judgment against an insurance carrier for a loss arising out of an explosion in Roseburg on August 7, 1959.
The factual questions were tried for the second time. In an earlier appeal, we held that the plaintiff’s action on an insurance settlement agreement was not barred by an earlier abortive attempt to maintain an action on the insurance policy. See Ladd v. General Insurance Co., 236 Or. 260, 387 P.2d 572
(1964).
In the trial below the only substantial issues were issues of fact. The trial court found the facts to be in favor of the insured. Judgment was entered accordingly. The only assignment of error challenges
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the refusal of the trial court to grant a nonsuit. We are satisfied that there was no error. There was conflicting evidence about the intentions of the parties when they drew the insurance-settlement agreement, and there was conflicting evidence about the facts to which the agreement related. The case was obviously not a proper one in which a nonsuit could be granted.
Affirmed.
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