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SWAN ISLAND SHEET METAL v. TROY'S CUSTOM

Nos. 177-308; CA 17544.

619 P.2d 1326 (1980)

49 Or.App. 469

SWAN ISLAND SHEET METAL WORKS, INC., an Oregon Corporation, Appellant, v. TROY's CUSTOM SMOKING CO., INC., an Oregon Corporation, Dba Troy's Seafood, Respondent.

Court of Appeals of Oregon.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Robert T. Scherzer, Portland, argued the cause for appellant. With him on the brief was Wheelock, Niehaus, Hanna, Murphy, Green & Osaka, Portland.

George R. Waldum, Portland, argued the cause and filed the brief for respondent.

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

WARREN, Judge.

Plaintiff, [Swan Island], brought an action against defendant, [Troy's], to recover the price of a crab cooker manufactured by Swan Island and sold to Troy's. Defendant counterclaimed for consequential damages arising from an alleged breach of an implied warranty of fitness for a particular purpose, ORS 72.3150. After a trial to the court, the court awarded defendant $2,950 in damages, together with costs. Plaintiff appeals, arguing, inter alia,...

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