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CABAL v. DONNELLY

No. 20-803; CA A33370.

714 P.2d 1071 (1986)

78 Or.App. 56

Robert C. CABAL and Julie A. Cabal, Husband and Wife, Appellants-Cross-Respondents, v. William G. DONNELLY, Dba Donnelly and Jenner Construction, Defendant, Herbert D. Jenner, Dba Donnelly and Jenner Construction, Respondent-Cross-Appellant,

Court of Appeals of Oregon.

Decided February 26, 1986.

Reconsideration Denied April 11, 1986.

Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause for appellants-cross-respondents. With him on briefs was Kelley & Kelley, Silverton.

J. Michael Alexander, Salem, argued the cause for respondent-cross-appellant. With him on brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

This case requires that we decide the apparently unresolved question whether an action against a builder-vendor to recover damages under the implied warranty that the new residence has been built in a workmanlike manner and was fit for habitation sounds in tort or contract. See Yepsen v. Burgess, 269 Or. 635, 525 P.2d 1019 (1974); Schmauch v. Johnston, 274 Or. 441, 547 P.2d 119...

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