FORBES v. MERCADO

No. 97137; SC 25550.

583 P.2d 552 (1978)

Edward F. FORBES and Susan L. Forbes, Respondents, v. Adam MERCADO, Appellant.

Supreme Court of Oregon, Department 1.

Decided September 12, 1978.


Attorney(s) appearing for the Case

David W. Hittle, of Dye & Olson, Salem, argued the cause and filed a brief for appellant.

Michael L. McDonough, Salem, argued the cause for respondents. On the brief was Paulus & Callaghan, Salem.

Before HOLMAN, P.J., and HOWELL, BRYSON and LENT, JJ.


HOLMAN, Justice.

Plaintiffs brought an action for damages for the breach of an implied warranty of habitability of a dwelling purchased from defendant who was the builder and seller. Defendant appeals from a judgment for plaintiffs entered after a trial to the court without a jury.

Defendant's only assignment of error is a demurrer to plaintiffs' complaint on the ground that it failed to state a cause of action. The complaint is being tested for the first...

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