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FRAZIER v. CONSOLIDATED EQUIPMENT SALES

No. 78-2639-L-1; CA A23993.

670 P.2d 153 (1983)

64 Or.App. 833

Leslie R. FRAZIER, Appellant, v. CONSOLIDATED EQUIPMENT SALES, Inc., Dba Northwest Roads, Inc., Respondent.

Court of Appeals of Oregon.

Argued and Submitted March 25, 1983.

Attorney(s) appearing for the Case

Walter D. Nunley, Medford, argued the cause and filed the briefs for appellant.

William V. Deatherage, Medford, argued the cause for respondent. On the brief were John B. Rogers, and Frohnmayer, Deatherage, deSchweinitz & Pratt, Medford.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

This is an action for damages alleged to have resulted from breaches of warranties in the sale of a used bulldozer. At the close of plaintiff's case, the trial court granted defendant's motion to dismiss for lack of evidence. Plaintiff appeals from the ensuing judgment. We reverse as to the claims for breaches of the express warranties and the implied warranty of merchantability.

In reviewing a ruling on a motion for involuntary nonsuit (presently...

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