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ROBIN v. KNUTH

89-2011; CA A64932.

815 P.2d 704 (1991)

108 Or.App. 207

Brook ROBIN, Respondent, v. Janice M. KNUTH, Aka Janice M. Fraser, Appellant.

Court of Appeals of Oregon.

Decided July 24, 1991.

Attorney(s) appearing for the Case

David M. Gordon, Newport, argued the cause for appellant. With him on the briefs was MacPherson, Gintner & Gordon, Newport.

Walter L. Crow, Jr., Portland, argued the cause for respondent. With him on the brief was Hampson, Bayless, Murphy & Stiner, Portland.

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

RICHARDSON, Presiding Judge.

Defendant appeals from the judgment for plaintiff in this action for breach of the duty of good faith in the performance of a land sale contract. The jury initially returned a verdict "in favor of the plaintiff, and award[ed] plaintiff damages in the amount of $0." The trial court concluded that the finding for plaintiff without an award of damages was inconsistent, and it refused to accept the verdict. ORCP 59 G(4). The jury was reinstructed...

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