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FISHER v. WOFFORD

556 P.2d 127 (1976)

276 Or. 603

Joe FISHER, an Oregon Corporation, Dba Joe Fisher Ford, Respondent, v. D. Edward WOFFORD, Individually and Dba Northwest Auto Sales, Appellant, Jack Wetzel, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 12, 1976.

Attorney(s) appearing for the Case

Michael E. Kohlhoff, Portland, argued the cause and filed the briefs for appellant.

Gary M. Bullock, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is an action for indemnity. Plaintiff, a Portland automobile dealer, purchased a used car from defendants on which the odometer had been "turned back." Plaintiff then resold the car to a purchaser who later discovered that fact and rescinded the sale. In this action plaintiff seeks indemnity from defendants for the resulting loss incurred by it.

The case was tried before the court, without a jury. A judgment in the sum of $2,232.14 was...

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