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PAULSEN v. CONTINENTAL PORSCHE AUDI, INC.

No. 192739; CA 17023.

620 P.2d 1384 (1980)

49 Or.App. 793

Karl E. PAULSEN, Appellant, v. CONTINENTAL PORSCHE AUDI, INC., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 15, 1980.

Attorney(s) appearing for the Case

Tim J. Helfrich, Eugene, argued the cause for appellant. With him on the brief was Sahlstrom Law Offices, Eugene.

Carlton W. Hodges, Portland, argued the cause for respondent. With him on the brief was Bernard, Hurley, Crawford, Hodges & Kneeland, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

The plaintiff has appealed from a summary judgment entered in favor of the defendant. We reverse and remand.

The undisputed facts show that the plaintiff on August 15, 1978, delivered his automobile to the defendant to have it repaired. The defendant itemized the repairs to be made on a printed form repair order. The following disclaimer was contained in the printed portion of the order:

"NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS...

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