MILLARD v. SMEDES

No. 77-2666-L-2; CA 12733.

601 P.2d 908 (1979)

42 Or.App. 889

Johnny W. MILLARD and Donna Jean Millard, Husband and Wife, Respondents, v. Norman R. SMEDES, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1979.


Attorney(s) appearing for the Case

Sidney Ainsworth, Ashland, argued the cause for appellant. On the brief was Jack Davis, Ashland.

Thomas Howser, Ashland, argued the cause for respondents. With him on the brief was Cottle, Howser, Hampton & Cue, Ashland.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


ROBERTS, Judge.

Defendant appeals the judgment on a jury verdict awarding plaintiffs $8,000 plus $2,500 in attorney fees in an action for misrepresentation in the sale of defendant's ranch.

On December 31, 1975 the parties entered into an earnest money agreement involving the sale to plaintiffs of defendant's ranch in Jackson County. The ranch had an irrigation system which was partially underground. The system could not be tested in the winter and was not...

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