AUTZEN v. JOHN C. TAYLOR LBR. SALES, INC.


572 P.2d 1322 (1977)

280 Or. 783

Duane AUTZEN, Respondent, v. JOHN C. TAYLOR LUMBER SALES, Inc., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided December 28, 1977.


Attorney(s) appearing for the Case

David P. Templeton, of Martin, Bischoff, Templeton, Biggs & Ericsson, Portland, argued the cause for appellant. With him on the briefs was James C. Waggoner, Portland.

Mitchell C. Wall, of Wall & Wall, P.C., Portland, argued the cause and submitted the brief for respondent.

Before DENECKE, C.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.


GILLETTE, Justice Pro Tem.

This is an action for damages for breach of an express warranty in the sale of a used boat. The complaint and the evidence offered to support it suggested four different express warranties: (1) a 1970 booklet proposed by the manufacturer and describing the boat when new; (2) a 1972 survey (the "Meadows" survey) describing the boat at the time Seller obtained it; (3) a 1975 survey (the "Huhta" survey) describing the boat's condition at the...

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