TAYLOR v. NIELSEN


571 P.2d 176 (1977)

Eugene J. TAYLOR, Respondent, v. Gordon NIELSEN, Appellant.

Court of Appeals of Oregon.

Decided November 15, 1977.


Attorney(s) appearing for the Case

Ernest W. Lundeen, Eugene, argued the cause and filed the brief for appellant.

No appearance for respondent.

Before SCHWAB, C.J., and RICHARDSON and ROBERTS, JJ.


RICHARDSON, Judge.

Defendant appeals a judgment of the district court awarding damages to plaintiff based on fraud. The defendant sold a used motorcycle to plaintiff and made certain representations concerning its condition during the negotiations. The trial court sitting without a jury found the representations were material, untrue and relied upon by plaintiff. Defendant makes three assignments of error. First, the granting of plaintiff's motion to amend his complaint...

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