concurring.
I concur in the result, because I agree with Justice Lent that the failure to plead extinguishment as required by ORS 18.440(3) supports the trial court dismissal. See, however, my dissenting opinion in Beaver v. Pelett, 299 Or 664, 705 P2d 1149 (1985).
Roberts and Jones, JJ., join in this concurring opinion.