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MARKLE v. MULHOLLAND'S INC.

509 P.2d 529 (1973)

Orrin R. MARKLE, Appellant, v. MULHOLLAND's INC., an Oregon Corporation, et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided April 26, 1973.

Attorney(s) appearing for the Case

Franklyn N. Brown, Tigard, argued the cause for appellant. With him on the brief was James F. McCaffrey, Tigard.

Joe D. Bailey, Hillsboro, argued the cause for respondents. With him on the brief was Carrell F. Bradley, Hillsboro.

HOLMAN, Justice.

Plaintiff was injured when the left rear tire of his automobile blew out, causing the vehicle to leave the highway. The tire had been purchased by plaintiff for $12.35 nine months earlier, after it had been recapped. It had 5,000 to 6,000 miles of use at the time of the accident. Defendants are the recapper, the wholesaler, and the retailer of the recapped tire. At the completion of the testimony, the trial court granted defendants' motion for a directed...

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