GERKE v. BURTON ENTERPRISES, INC.

8860; CA A32908.

723 P.2d 1061 (1986)

80 Or. App. 714

John F. GERKE and Ann R. Gerke, Respondents, v. BURTON ENTERPRISES, INC., Robert Burton and Dawn Burton, Appellants, and Administration Service Corp., Intervenor-Appellant.

Court of Appeals of Oregon.

Decided August 13, 1986.

Reconsideration Denied October 17, 1986.


Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellants. With him on briefs were William D. Brandt and Ferder, Ogdahl & Brandt, Salem.

William P. Buck, Portland, argued the cause for intervenor-appellant. With him on brief was MacMillan & Scholz, P.C., Portland.

Roy Kilpatrick, Mt. Vernon and Marvin S. Nepom, Portland, argued the cause for respondents. On briefs was Marvin S. Nepom, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Plaintiffs brought this action for fraud in their purchase of a motel from defendants. Defendants moved for a directed verdict at the conclusion of plaintiffs' case and after all of the evidence had been presented. The court denied the motions. The jury returned a verdict for plaintiffs for $360,000 general damages and $100,000 punitive damages. On defendants' motion, the court granted a judgment n.o.v. as to punitive damages. The court also awarded...

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