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RICE v. McALISTER

519 P.2d 1263 (1974)

Frederick RICE and Patricia Rice, Husband and Wife, Respondents, v. James McAlister, Appellant, and Kimberly-Jay Corporation, Defendant.

Supreme Court of Oregon, In Banc.

Decided March 7, 1974.

Attorney(s) appearing for the Case

Grant V. Mumpower, Oregon City, argued the cause for appellant. With him on the brief was Ronald D. Thom, Oregon City.

James C. Tait, Oregon City, argued the cause for respondents. On the brief were Donald B. Bowerman, and Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City. Also on the brief were James E. Redman, and Redman & Carskadon, Milwaukie, and Gerald R. Pullen, Portland.

HOWELL, Justice.

This is an action for fraud. The trial court, sitting without a jury, entered findings and a judgment for plaintiffs for general and punitive damages, and defendant McAlister appeals.1

The genesis of this action occurred prior to February, 1969, when the plaintiffs engaged the Kimberly-Jay Corporation to construct a residence for them in Gladstone. The defendant McAlister was president of the corporation. Plaintiffs...

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