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HULL v. FITZSTEPHENS

86-0601C; CA A48050.

783 P.2d 38 (1989)

Allen Arvid HULL and Carmen M. Hull, Dba the Top Potatoe, Respondents, v. Barbara FITZSTEPHENS and Pickwick N.W., an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided December 6, 1989.

Attorney(s) appearing for the Case

Melvin E. Smith, Roseburg, filed the briefs for appellants.

Fred C. Nachtigal and Rich & Nachtigal, Hillsboro, filed the brief for respondents.

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

RICHARDSON, Presiding Judge.

Defendants appeal from the judgment in this action arising out of their sale of a mobile Pickwick Potatoe Oven to plaintiffs. Plaintiffs pleaded five claims, all of which centered on defendants' alleged misrepresentation that necessary licenses from the state Health Division and the City of Portland were obtainable. The trial court entered a judgment in plaintiffs' favor on their negligent misrepresentation claim. Defendants contend in...

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