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CONTROLTEK, INC. v. KWIKEE ENTERPRISES, INC.

TC 76-03-03557; SC 25532.

585 P.2d 670 (1978)

284 Or. 123

CONTROLTEK, INC., an Oregon Corporation, Appellant, v. KWIKEE ENTERPRISES, INC., a Foreign Corporation, Respondent.

Supreme Court of Oregon, Department No. 2.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant.

James G. Richmond, Roseburg, argued the cause and filed the brief for respondent.

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

TONGUE, Justice.

This is an action at law by a manufacturer against a commercial purchaser of some of its products alleging failure to pay a balance due of $9,027.28. Defendant counterclaimed for breach of an implied warranty of fitness for a particular purpose, as provided by ORS 72.3150. The case was tried before the court, without a jury. The court found that defendant was entitled to a credit for defective goods and that the balance due, after deduction for such...

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