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AURORA AVIATION v. AAR WESTERN SKYWAYS

A8106-03248; CA A30602.

707 P.2d 631 (1985)

AURORA AVIATION, Inc., Respondent, v. AAR WESTERN SKYWAYS, Inc., Appellant.

Court of Appeals of Oregon.

Argued and Submitted November 28, 1984.

Attorney(s) appearing for the Case

David C. Baca, Portland, argued the cause for appellant. With him on brief was Black, Tremaine, Lankton, Krieger & Schmeer, Portland.

Nancy Greene, Portland, argued the cause for respondent. On brief were Charles R. Holloway, III, and Tooze, Kerr, Marshall & Shenker, Portland.

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

GILLETTE, Presiding Judge.

Plaintiff brought this action for, inter alia, breach of contract in connection with the sale of an airplane. The trial court awarded plaintiff $5,000 for profits lost from a planned resale of the plane. Defendant appeals, maintaining that the trial court erred in failing to grant a motion to dismiss or a motion for directed verdict for plaintiff's failure to plead and prove performance of certain conditions of the contract and, in...

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