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LACKEY v. ELLINGSEN

248 Or. 11 (1967)

432 P.2d 307

LACKEY ET AL, Respondents, v. ELLINGSEN ET UX, Appellants.

Supreme Court of Oregon.

Affirmed October 4, 1967.

Attorney(s) appearing for the Case

Charles A. Telfer, Grants Pass, argued the cause for appellants. On the briefs were Johnson, Telfer & Sloan, Grants Pass.

R. Gene Smith, Grants Pass, argued the cause for respondents. With him on the brief was Gene L. Brown, Grants Pass.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, DENECKE and HOLMAN, Justices.

AFFIRMED.

DENECKE, J.

Plaintiffs brought this action for damages for misrepresentation of the condition of the roof of a motel purchased from defendants. The action was tried without a jury, the court awarded plaintiffs damages, and defendants appeal.

1. The defendants contend that there was no evidence to support plaintiffs' cause of action and that the evidence was conclusive in support of their affirmative defense. This being a law action, if there...

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