JOHNSTON v. LINDSAY


206 Or. 243 (1956)

292 P.2d 495

JOHNSTON v. LINDSAY

Supreme Court of Oregon.

Reversed January 18, 1956.


Attorney(s) appearing for the Case

George G. Van Natta, St. Helens, argued the cause for appellant. With him on the briefs was John L. Foote, St. Helens.

Warde H. Erwin argued the cause for respondent. On the briefs were Boyd & Erwin, Portland.

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


REVERSED.

LUSK, J.

This is an action to recover damages for breach of warranty of a boundary of land alleged to have been sold by the defendant to the plaintiff. A jury trial resulted in a verdict and judgment for the plaintiff, and the defendant appeals.

The answer to one question is decisive of the case. That question is whether or not a warranty given in the course of negotiations looking to the sale of real property or contained in the contract...

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