HARDWICK v. DRAVO EQUIPMENT CO.


569 P.2d 588 (1977)

279 Or. 619

Donald E. HARDWICK, Dba Hardwick Logging, Respondent/Cross-Appellant, v. DRAVO EQUIPMENT Company, a Delaware Corporation Doing Business As Cal-Ore Machinery CO., Appellant/Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided September 27, 1977.


Attorney(s) appearing for the Case

John R. Bakkensen, Portland, argued the cause for appellant/cross-respondent. With him on the briefs were Miller, Anderson, Nash, Yerke & Wiener, Portland.

Richard O. Thomas, Portland, argued the cause for respondent/cross-appellant. With him on the brief were Gaylord & Thomas, Portland.


BRYSON, Justice.

Plaintiff is a contract logger for Kinzua Corporation. He purchased a new Barko diesel log loader from defendant Dravo Equipment Company on September 17, 1974. Plaintiff subsequently discovered the loader had certain defects and revoked his acceptance of it on May 19, 1975. He then brought this action for breach of contract.

The jury made a special finding "that Plaintiff righfully [sic] revoked his acceptance of the Barko 350 Loader" and...

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