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RILEY HILL GEN. CONTR. v. TANDY CORP.

CC 84-02-19,378-L; CA A35863; SC S33551.

737 P.2d 595 (1987)

303 Or. 390

RILEY HILL GENERAL CONTRACTOR, Inc., an Oregon Corporation, Petitioner On Review, v. TANDY CORPORATION, a Delaware Corporation, Dba Radio Shack, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Gary J. Ebert, of Yturri, Rose, Burnham, Ebert & Bentz, Ontario, argued the cause and filed the petition for petitioner on review.

Frank M. Parisi, of Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, argued the cause for respondent on review.

JONES, Judge.

Plaintiff, Riley Hill General Contractor, Inc., sought compensatory and punitive damages on claims labeled "fraud,"1 "breach of warranty" and "negligence" against defendant, Tandy Corporation, arising out of plaintiff's purchase of a computer that was manufactured and sold by defendant doing business as Radio Shack. Defendant answered with a general denial of the claims and raised an affirmative defense of contributory fault...

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