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TRAN v. TEHRANI

No. 85-0628C; CA A48206.

781 P.2d 393 (1989)

99 Or.App. 141

Loi Van TRAN and Terry Langlois, Dba Lan-Loi Construction, Appellants-Cross-Respondents, v. Abbas Massih TEHRANI, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Gregory Kafoury, Portland, argued the cause and filed the briefs for appellants-cross-respondents.

James R. Cartwright, Portland, argued the cause and filed the briefs for respondent-cross-appellant.

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

NEWMAN, Judge.

Plaintiffs appeal from a judgment notwithstanding the verdict, ORCP 63, after a jury had awarded them $73,346.68 damages, including punitive damages of $67,500, on a claim for fraud arising out of a construction contract. The basis of plaintiffs' fraud claim is that defendant promised, but did not intend, to perform the contract when he entered into it.1 Defendant cross-appeals, asserting that, if we reverse, we should hold...

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