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CONSOLIDATED SHELTER v. FAR WEST FEDERAL

A8112-07504; CA A38563.

745 P.2d 424 (1987)

88 Or.App. 275

CONSOLIDATED SHELTER, Inc., an Oregon Corporation; and Consolidated Development, Ltd., and Oregon Limited Partnership, Respondents, v. FAR WEST FEDERAL Savings & Loan Association, a Nationally-Chartered Association, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1987.

Attorney(s) appearing for the Case

Henry L. Bauer, Portland, argued the cause for appellant. With him on the briefs were Frank A. Vizzini and Bauer, Hermann, Fountain & Rhoades, Portland.

Glen McClendon, Portland, argued the cause for respondents. On the brief were Rick T. Hazelton and Lindsay, Hart, Neil & Weigler, Portland.

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

NEWMAN, J.

Defendant appeals a judgment in plaintiffs'1 action for breach of warranty and fraud. The jury returned a verdict for $806,000 for breach of warranty.2 Defendant assigns as error that the court denied its motion at the close of the evidence for a directed verdict on the breach of warranty claim. We affirm.

From the evidence, the jury could have found these facts. In July 1979, Luton, sole...

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