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WEIGEL v. RON TONKIN CHEVROLET CO.

TC A8106-03272; CA A25638; S 30373.

690 P.2d 488 (1984)

298 Or. 127

Robbert D. WEIGEL, Respondent On Review, v. RON TONKIN CHEVROLET CO., an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon.

Decided October 30, 1984.

Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause and submitted briefs for petitioner on Review. With him on the briefs were Janet C. Neuman and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

James R. Carskadon, Jr., Milwaukie, argued the cause and submitted briefs for respondent on Review. With him on the briefs were John H. Kelley and Redman, Carskadon, Knauss & Kelley, Milwaukie.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, ROBERTS and CARSON, JJ.

LINDE, Justice.

The Unlawful Trade Practices Act makes it an unlawful practice for a person to represent in the course of business "that real estate or goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or second-hand." ORS 646.608(1)(f). The chief issue in the present case is whether an automobile dealer violated this provision in selling as new a car that an earlier customer conditionally contracted to buy and took home but...

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