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SPONSELLER v. MELTEBEKE

570 P.2d 974 (1977)

280 Or. 361

Donald R. SPONSELLER, Appellant, v. Robert A. MELTEBEKE, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 8, 1977.

Attorney(s) appearing for the Case

John R. Teising, Eugene, argued the cause for appellant. With him on the briefs were Charles J. Huber and Hutchinson, Harrell, Cox & Teising, Eugene.

Randall E. Thwing, Eugene, argued the cause for respondent. With him on the brief were Thwing, Atherly & Butler, Eugene.

LENT, Justice.

On December 29, 1976, plaintiff, the purchaser of a used house, brought this action for damages against the defendant, the builder-seller of the house, for breach of implied warranty and fraud. Defendant demurred to the complaint. The demurrer was sustained on a number of grounds. The breach of warranty action was held barred by the running of the 10-year statute of ultimate repose, ORS 12.135. In addition, the trial court held that neither the breach...

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