BEAM v. CULLETT

No. 77-1732; CA 15733.

615 P.2d 1196 (1980)

48 Or.App. 47

Stephen Craig BEAM and Lori A. Beam, Husband and Wife, Respondents, v. John C. CULLETT, Appellant.

Court of Appeals of Oregon.

Decided September 2, 1980.

Reconsideration Denied October 7, 1980.


Attorney(s) appearing for the Case

Dean A. Heiling, Roseburg, argued the cause for appellant. With him on the brief was Heiling & McIntosh, Roseburg.

James C. Farrell, Roseburg, argued the cause and filed the brief for respondents.

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


JOSEPH, Presiding Judge.

Plaintiff brought this action for fraud and breach of an implied warranty of fitness for a particular purpose. Plaintiff was in the business of hauling scrap automobile bodies from southern Oregon to a steel plant in McMinnville. He bought a 1969 Ford diesel truck from defendant to haul the scrap auto bodies. The truck had been used by defendant for approximately two and one-half years until the engine "blew up." Defendant had the engine rebuilt...

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