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FOREST GROVE BRICK WORKS, INC. v. STRICKLAND

559 P.2d 502 (1977)

277 Or. 81

FOREST GROVE BRICK WORKS, INC., an Oregon Corporation, Appellant, v. Jess STRICKLAND and Mary E. Strickland, Dba Surge Sales and Service, Respondents.

Supreme Court of Oregon, Department 1.

Decided January 27, 1977.

Attorney(s) appearing for the Case

Ray G. Brown, Portland, argued the cause for appellant. With him on the briefs was John R. Sidman, Portland.

J.W. Darr, Hillsboro, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and HOWELL, LENT and BRADSHAW, JJ.

LENT, Justice.

This is an action for money damages for fraud arising out of the sale to plaintiff by defendants of a vacuum pump used in the manufacture of clay drain tile. Plaintiff appeals from a dismissal of his action by summary judgment.

The dispute arose from the failure of the purchased pump to produce the amount of suction which defendants warranted. The pump was sold to plaintiff on November 15, 1968. On March 11, 1974, plaintiff filed a complaint...

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