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DORITY v. DRIESEL

A8009-05001; CA A29028.

706 P.2d 995 (1985)

75 Or.App. 180

A.D. DORITY, Jr., and Theo M. Dority, Respondents-Cross-Appellants, v. Raymond E. DRIESEL, an Individual, and Raymond E. Driesel, Dba Driesel Investments, Defendants, Doan Corporation, a Delaware Corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided September 18, 1985.

Reconsideration Denied November 1, 1985.

Attorney(s) appearing for the Case

Jack L. Orchard, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Ball, Janik & Novack, Portland.

I. Franklin Hunsaker, III, Portland, argued the cause for respondents-cross-appellants. With him on the brief were James L. Knoll and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

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

GILLETTE, Presiding Judge.

This case began as an action for damages for incomplete and faulty workmanship in a house. Plaintiffs assert that defendant Daon Corporation (Daon) is jointly liable with its co-defendant Driesel for breach of express and implied warranties applicable to plaintiffs' newly constructed residence. The trial court found Daon liable. That liability rests solely on the trial court's determination that Daon was a joint venturer with co-defendant...

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