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JONES v. NORTHSIDE FORD TRUCK SALES, INC.

556 P.2d 117 (1976)

276 Or. 685

Leroy E. JONES, Respondent, v. NORTHSIDE FORD TRUCK SALES, INC., a Delaware Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Jon W. Nickel, of Tonkon, Torp & Galen, Portland, argued the cause and filed briefs for appellant.

Thomas J. Barnett, of Bloom, Chaivoe, Ruben, Marandas & Berg, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and McALLISTER, HOLMAN and HOWELL, JJ.

HOWELL, Justice.

This is an action for damages for fraud and breach of warranty arising out of plaintiff's purchase of a dump truck from the defendant. The jury returned a verdict for plaintiff, and defendant appeals from the judgment entered on that verdict.

Plaintiff purchased a new Ford dump truck from defendant in October, 1973. Plaintiff testified that he told defendant's salesman that he wanted a dump truck with a 10 x 12 yard box1...

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