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BYERS v. SANTIAM FORD, INC.

574 P.2d 1122 (1978)

281 Or. 411

Larry BYERS, Respondent, v. SANTIAM FORD, INC., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided February 22, 1978.

Attorney(s) appearing for the Case

Jack A. Gardner, Eugene, argued the cause for appellant. On the briefs were Richard T. Kropp and Gregory L. Decker, of Emmons, Kyle, Kropp & Kryger, Albany.

Thomas J. Reuter, Lebanon, argued the cause for respondent. On the brief was Lawrence Morley, of Morley, Thomas & Kingsley, Lebanon.

Before DENECKE, C.J., HOLMAN and LENT, JJ., and RICHARDSON, J. Pro Tem.

WILLIAM L. RICHARDSON, Justice Pro Tem.

Defendant appeals a jury verdict awarding general and punitive damages for fraud and violation of the Unfair Trade Practices Act (ORS 646.638) in the sale of an automobile. Defendant makes two assignments of error. First, it is urged the court gave contradictory instructions regarding the burden of proof necessary to establish common law fraud. Secondly, defendant assigns as error the exclusion from evidence of offers of compromise...

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