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START v. SHELL OIL CO.

202 Or. 99 (1954)

260 P.2d 468

273 P.2d 225

START v. SHELL OIL COMPANY and ARNTSON

Supreme Court of Oregon.

Argued on rehearing January 13, 1954.

Reversed August 12, 1953.

Former opinion withdrawn; reversed and remanded July 13, 1954.

Petition for rehearing denied September 15, 1954.

Attorney(s) appearing for the Case

Thaddeus W. Veness, of Portland, argued the cause for appellant. With him on the briefs was Henry Bauer, of Portland.

Wesley A. Franklin argued the cause for respondent. On the brief were Anderson & Franklin, of Portland.

Before LATOURETTE, Chief Justice, and WARNER, LUSK, BRAND and PERRY, Justices.

REVERSED.

WARNER, J.

This is an action for damages arising out of an alleged breach of warranty. The defendant C. Arntson appeals from a judgment in favor of plaintiff for $11,250, following a jury verdict.

The plaintiff Start at all the times hereinafter mentioned and for ten years prior thereto was a commercial grower of lily bulbs on his farm near Canby, Oregon, in an area which, according to Start, produces...

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