ROE ROOFING v. LUMBER PRODUCTS

16-82-01066; CA A28918.

688 P.2d 425 (1984)

70 Or.App. 93

ROE ROOFING, Inc., an Oregon Corporation, Respondent, v. LUMBER PRODUCTS, Inc., an Oregon Corporation, Appellant, Rosboro Lumber Company, a Partnership, Intervenor.

Court of Appeals of Oregon.

Decided September 26, 1984.

Review Denied December 27, 1984.


Attorney(s) appearing for the Case

Randall Bryson, Eugene, argued the cause for appellant. With him on the brief was Bryson & Bryson, Eugene.

Fred A. Divita, P.C., Eugene, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

In this action at law for breach of implied warranty, defendant appeals from a judgment in favor of plaintiff. Plaintiff alleged that plywood it received from defendant was not fit for the ordinary purposes for which such goods are used. ORS 72.3140(2)(c). As an affirmative defense, defendant alleged that plaintiff had failed to install the plywood properly. Defendant contends that the trial court erred (1) in instructing the jury that defendant...

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