WHITLATCH v. BERTAGNOLLI

No. 78-485-L; CA 14872.

609 P.2d 902 (1980)

Dwayne WHITLATCH and Cheryl L. Whitlatch, Husband and Wife, Appellants, v. Fred L. BERTAGNOLLI and Frances L. Bertagnolli, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided April 21, 1980.


Attorney(s) appearing for the Case

Michael L. Mowrey, Grants Pass, argued the cause for appellants. With him on the briefs was Brown, Hughes, Bird & Lane, Grants Pass.

Michael D. Snider, Grants Pass, argued the cause for respondents. With him on the brief was Schultz, Salisbury, Cauble & Snider, Grants Pass.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.


JOSEPH, Presiding Judge.

Plaintiffs, purchasers of a plumbing business and certain real property on which the business is located, brought an action in fraud, alleging that defendant sellers intentionally concealed the fact that a portion of the real property was to be included in a condemnation action and that as a result they were deceived as to the value of the subject property. Defendants demurred to the amended complaint on the ground that it failed to allege...

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