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METRO INVEST. CORP. v. PORTLAND RD. LUMBER YARD, INC.

501 P.2d 312 (1972)

METRO INVESTMENT CORPORATION, an Oregon Corporation, Appellant, v. PORTLAND ROAD LUMBER YARD, Inc., an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 28, 1972.

Attorney(s) appearing for the Case

Malcolm L. Brand, Salem, argued the cause for appellant. With him on the briefs were Rhoten, Rhoten & Speerstra and David A. Rhoten, Salem.

Merlin Estep, Jr., Salem, argued the cause for respondent. With him on the brief were Estep, Daniels, Adams, Reese & Perry, Salem, and Sidney B. Lewis, Jr., Corvallis.

DENECKE, Justice.

The sole issue is the application of ORS 72.6070(3)(a) of the Uniform Commercial Code — Sales, which provides that a buyer accepting defective goods must give the seller timely notice of the defect or be barred.

In the fall of 1966 the plaintiff buyer purchased siding from the defendant seller. The seller warranted the performance of the siding. The siding was applied to an apartment building being constructed by the buyer. The buyer...

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