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B.W. FEED CO., INC. v. GENERAL EQUIPMENT CO.

No. A 77-02-02585; CA 12200.

605 P.2d 1205 (1980)

44 Or.App. 467

B.W. FEED CO., INC., an Oregon Corporation, Appellant, v. GENERAL EQUIPMENT CO., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Bert E. Joachims, Portland, argued the cause for appellant. With him on the brief was Klosterman & Joachims, Portland.

Dwayne R. Murray, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., GILLETTE and ROBERTS, JJ., and TONGUE, J. Pro Tem.

TONGUE, Judge Pro Tempore.

This is an action for damages alleged to have resulted from the breach of express and implied warranties in the sale of a truck. The trial court heard the case without a jury and found in favor of defendant. Plaintiff appeals.

The facts presented are in dispute. In such cases we must view the evidence in a light most favorable to the defendant, the prevailing party at trial. Krause v. Eugene Dodge, Inc., 265 Or. 486, 490,...

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