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TOWERHILL CONDO. ASSOC. v. AMERICAN CONDO.

No. A8204-02408; CA A26610.

675 P.2d 1051 (1984)

66 Or.App. 342

TOWERHILL CONDOMINIUM ASSOCIATION, an Incorporated Nonprofit Association, Appellant, v. AMERICAN CONDOMINIUM HOMES, Inc., a Corporation, and J. Eugene Popma, Respondents.

Court of Appeals of Oregon.

Decided January 4, 1984.

Attorney(s) appearing for the Case

A. Richard Vial, Portland, argued the cause for appellant. With him on the brief was Gunnar & Associates, P.C., Portland. With him on the reply brief was W. Theodore Guthrie, and Wolf, Guthrie & Rice, Portland.

William E. Tassock, Portland, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff, in its representative capacity as an "association of unit owners," ORS 94.004(2), seeks damages for breach of warranty in two counts and negligence for alleged defects in the common elements, ORS 94.004(6), of the Towerhill Condominium. The complaint was dismissed; the trial court held that plaintiff lacks legal capacity to sue, is not the real party in interest and has failed to state ultimate facts sufficient to constitute a claim. ORCP...

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