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McGRATH v. WHITE MOTOR CORPORATION

484 P.2d 838 (1971)

Harold McGrath, Respondent and Cross-Appellant, v. WHITE MOTOR CORPORATION, Appellant, Haupert Tractor Company, Defendant and Cross-Respondent, and Concrete-Steel Corporation, Defendant.

Supreme Court of Oregon.

Decided April 29, 1971.

Rehearing Denied May 25, 1971.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause for appellant. With him on the briefs were Collins, Redden, Ferris & Velure, Medford.

Bernard P. Kelly, Anchorage, Alaska, argued the cause for respondent and cross-appellant. With him on the brief were Kelly & Grant, Medford.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE, HOWELL and MENGLER, JJ.

DENECKE, Justice.

The plaintiff was injured when the frame of a truck he had purchased and was operating broke and caused the truck to go off the road. Plaintiff brought this action for damages against the manufacturer of the truck, White Motor, the seller, Haupert Tractor, and Concrete-Steel, who made some repairs on the frame before the accident. Concrete-Steel "bought out" on a covenant not to sue. The jury returned a verdict for Haupert and against White; White...

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