OSBORNE v. HAY

TC 75-0684; SC 25545.

585 P.2d 674 (1978)

284 Or. 133

Genevieve E. OSBORNE, Respondent/Cross-Appellant, v. Bill HAY, Bill Hay, Inc., an Oregon Corporation, and Bernard O'Byrne, Appellants/Cross-Respondents.

Supreme Court of Oregon, Department 2.

Decided October 24, 1978.


Attorney(s) appearing for the Case

Glenn H. Prohaska, of Day, Prohaska & Case, P.C., Portland, argued the cause and filed the briefs for appellants/cross-respondents.

Keith Rodman, Eugene, argued the cause and filed a brief for respondent/cross-appellant.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.


TONGUE, Justice.

This is an action for damages for fraud brought by the purchaser of a motel against the real estate brokerage firm, individual broker, and the salesman who sold it to her. Plaintiff alleges that defendants misrepresented the income of the motel on a "data sheet" submitted by them to plaintiff.

The case was tried before a jury, which returned a verdict in favor of plaintiff and against the real estate brokerage firm and the salesman for $38...

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