VANEK v. KIRBY


454 P.2d 647 (1969)

Keith Frank VANEK, Appellant, v. Lynn KIRBY, Dba Lynn Kirby Ford, and Ford Motor Company, a Delaware Corporation, Respondents.

Supreme Court of Oregon, In Banc.

Decided May 21, 1969.


Attorney(s) appearing for the Case

Mautz, Souther, Spaulding, Kinsey & Williamson and Roland F. Banks, Jr., Portland, for petitioner.

Buss, Leichner, Lindstedt, Rose & Barker, Portland, contra.


Submitted on Respondent Ford Motor Company's Petition for Rehearing Filed March 25, 1969.

O'CONNELL, Justice.

Defendant Ford Motor Company petitions for a rehearing contending that the complaint did not state a cause of action because it failed to allege that the vehicle was in a defective condition at the time it left defendant's hands. Assuming, without deciding, that such an allegation is necessary to state a cause of action for the sale of a defective...

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