SCHMIDT v. PINE TREE LAND DEVELOPMENT CO.

No. TC 77-189 L; CA 15704; SC 27505.

631 P.2d 1373 (1981)

291 Or. 462

Harold M. SCHMIDT and Jenell T. Schmidt, Husband and Wife, Petitioners, v. PINE TREE LAND DEVELOPMENT CO., an Oregon Corporation; and Tree Lake Development Co., an Oregon Corporation, Respondents.

Supreme Court of Oregon, In Banc.

Decided August 4, 1981.


Attorney(s) appearing for the Case

Mike Ratliff, of Parks & Ratliff, Klamath Falls, argued the cause and filed a brief for petitioners.

Rex E.H. Armstrong, of Lindsay, Hart, Neil & Weigler, Portland, argued the cause and filed briefs for respondents.


LINDE, Justice.

The narrow issue in this case is whether the Court of Appeals erred in setting aside an award of punitive damages in an action for reckless misrepresentation in the sale of real property, when defendant had moved to have the issue of punitive damages taken from the jury's consideration but failed to move for a directed verdict on the underlying tort. The Court of Appeals permitted defendants to pursue their assignment of error as to the motion they...

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