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SCHMIDT v. PINE TREE LAND DEVELOPMENT CO.

No. 77-189 L; CA 15704.

619 P.2d 673 (1980)

49 Or.App. 323

Harold M. SCHMIDT and Jewell T. Schmidt, Husband and Wife, Respondents, v. PINE TREE LAND DEVELOPMENT CO., an Oregon Corporation; and Tree Lake Development Co., an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided November 17, 1980.

Attorney(s) appearing for the Case

Rex E.H. Armstrong, Portland, argued the cause for appellants. With him on the briefs was Lindsay, Hart, Neil & Weigler, Portland.

Mike Ratliff, Klamath Falls, argued the cause for respondents. With him on the brief was Parks & Ratliff, Klamath Falls.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

In this action for fraud in the sale of real property, the jury awarded plaintiffs general damages of $25,000 and punitive damages of $250,000. Defendants did not move for a directed verdict on their liability for the underlying tort and appeal only from that portion of the judgment awarding punitive damages. Error is assigned to (1) the failure of the trial court to remove the issue of punitive damages from the jury's consideration; and (2) the admission...

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