FISHER v. FREELAND


566 P.2d 517 (1977)

279 Or. 177

Glen D. FISHER and Vernita M. Fisher, Husband and Wife, Appellants, v. David R. FREELAND and Patricia A. Freeland, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 2.

Decided July 12, 1977.


Attorney(s) appearing for the Case

Frederick A. Jahnke, Portland, argued the cause for appellants. With him on the brief was Roger A. Nelson, Portland.

No appearance for respondents.

Before HOWELL, P.J., and LENT, LINDE and TOMPKINS, JJ.


TOMPKINS, Justice, Pro Tem.

The plaintiffs leased a Dairy Queen business from the defendants in Yachats, Oregon. In their amended complaint the plaintiffs alleged a false representation by the defendants that they had the right to sublease or assign the Dairy Queen franchise. Damages were claimed for the loss of "anticipated future profits."

The trial was before the court without a jury, and the plaintiffs appeal from a judgment order of involuntary nonsuit...

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