MALEY v. PALANUK


505 P.2d 336 (1973)

James E. MALEY and Peggy A. Maley, Husband and Wife, Respondents, v. Nicholas R. PALANUK, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 25, 1973.


Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause and filed a brief for appellant.

Wayne R. Harris, McMinnville, argued the cause and filed a brief for respondents.


BRYSON, Justice.

This is an action for fraud. Plaintiffs alleged that during their negotiations for the purchase of defendant's house and lot in Polk County, Oregon, defendant represented that a septic tank could be installed on the lot, knowing that this would not be permitted by the county sanitation officials because of the lot's small size. A jury returned a verdict for plaintiffs for $830 as general damages and $3,200 as punitive damages. Defendant appeals.<...

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