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COOK v. SALISHAN PROPERTIES, INC.

569 P.2d 1033 (1977)

279 Or. 333

Ward V. COOK and Lois A. Cook, Appellants, v. SALISHAN PROPERTIES, INC., an Oregon Corporation, John D. Gray and Russell M. Colwell, Respondents.

Supreme Court of Oregon, In Banc.

Decided September 13, 1977.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., and Donald Joe Willis of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for appellants. With them on the briefs were John L. Schwabe and Roland F. Banks, Jr., Portland.

Barnes H. Ellis, of Davies, Biggs, Strayer, Stoel & Boley, Portland, argued the cause for respondents. With him on the brief were Gregory R. Mowe, Portland, and Robert J. Miller, of Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT, LINDE and TOMPKINS, JJ.

HOLMAN, Justice.

This is an action for damages to recover the diminution in value of a seaside house and lot. Plaintiffs appeal from a judgment for defendants after a jury trial.

In Yepsen v. Burgess, 269 Or. 635, 525 P.2d 1019 (1974), we held that a warranty of workmanlike construction and fitness for habitation was implied in the sale of a new house by a builder-vendor. In Yepsen we said that the "more precise...

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