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SEARLE v. EXLEY EXP., INC.

564 P.2d 1054 (1977)

278 Or. 535

Edward D. SEARLE, Respondent, v. EXLEY EXPRESS, Inc., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 2.

Decided May 31, 1977.

Attorney(s) appearing for the Case

Milton R. Smith, Portland, argued the cause for appellant. With him on the briefs were Acker, Underwood, Beers & Smith, Portland.

William F. Thomas, Portland, argued the cause for respondent. With him on the brief was Kenneth W. Saxon, Portland.

Before DENECKE, C.J., TONGUE and LINDE, JJ., and O'CONNELL, J. Pro Tem.

O'CONNELL, Justice Pro Tem.

This is an action brought by the purchaser of a White Freightliner truck-tractor to recover damages for the alleged misrepresentation of the condition of the truck. The action was brought under the Unlawful Trade Practices Act, ORS 646.605, et seq. Defendant appeals from a judgment on a verdict of $2,950 in favor of plaintiff.

Defendant, which is engaged in the business of interstate trucking, advertised for sale some of its used...

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