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WHITE v. OR. HORTICULTURAL SUPPLY

No. 417-776; CA 10388.

594 P.2d 1321 (1979)

40 Or.App. 323

John S. WHITE and Nan R. White, d/b/a White's Hydroculture, Respondents, v. OREGON HORTICULTURAL SUPPLY, Inc., an Oregon Corporation, Appellant. Oregon Horticultural Supply, Inc., an Oregon Corporation, Cross-Claimant, v. Plant Products Corp., a New York Corporation, Cross-Defendant.

Court of Appeals of Oregon.

Decided May 14, 1979.

Attorney(s) appearing for the Case

John A. Schiewe, Portland, argued the cause and filed the brief for appellant.

Alonzo P. Stiner, Portland, argued the cause for respondents. With him on the brief was Lovett & Stiner, P.C., Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

GILLETTE, Judge.

This is an action by the owners of a hydroponic tomato growing business against the retail suppliers of a fumigant called VAPONA for an alleged breach of implied warranty of merchantability and implied warranty of fitness for a particular purpose.

At trial defendant moved for a directed verdict on the issue of damages, arguing that there was insufficient evidence to justify submitting plaintiff's claim for lost profits to the jury. The trial...

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