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VALLEY IRON & STEEL CO. v. THORIN

562 P.2d 1212 (1977)

278 Or. 103

VALLEY IRON & STEEL CO., an Oregon Corporation, Respondent, v. Richard THORIN, Dba Oregon Reforestation Equipment & Supply, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Terence J. Hammons, of Hammons, Phillips & Jensen, Eugene, for appellant.

No appearance for respondent.

LENT, Justice.

Plaintiff brought an action in assumpsit for the reasonable value of goods sold and delivered to the defendant. Defendant pleaded affirmative defenses, alleging breaches of the implied warranties of merchantability and fitness for particular purpose. ORS 72.3140; 72.3150. Following a trial to the court, judgment was entered in favor of plaintiff. Defendant appeals, claiming that the court erred in failing to find breaches of the implied warranties and...

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