ONITA PACIFIC CORP. v. TRUSTEES OF BRONSON

CC A8607 04518; CA A46940; SC S37818, S37945.

843 P.2d 890 (1992)

315 Or. 149

ONITA PACIFIC CORPORATION, an Oregon corporation, John A. Dante and Jeanine Dante, husband and wife, Respondents on Review, v. TRUSTEES of Charles D. BRONSON, and Warde H. Erwin, Clyde Purcell L.A. Swarens, Petitioners on Review, and Lawrence W. Erwin, John Compton, Douglas K. Siebert and Dorothy L. Siebert, husband and wife, and Douglas Cascade Corporation, an Oregon corporation, Defendants.

Supreme Court of Oregon, In Banc.

Decided December 31, 1992.


Attorney(s) appearing for the Case

James H. Clarke, of Lane Powell Spears Lubersky, Portland, argued the cause and filed the petition for petitioners on review Purcell and Swarens.

Thomas W. Brown, of Cosgrave, Vergeer & Kester, Portland, argued the cause and filed the petition for petitioners on review Erwin and Trustees of Charles D. Bronson.

Lisa E. Lear, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause and filed the response to the petition for respondents on review. With her on the response were I. Franklin Hunsaker and James G. Driscoll.

Gary M. Berne, Steven D. Larson, and Allen Field, of Stoll, Stoll, Berne & Lokting, Portland; Gary I. Grenley and Michael C. Zusman, Portland; and Henry Kantor, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

Michael C. McClinton and Steven M. Lippold, Salem, filed a brief on behalf of amici curiae Oregon Ass'n of Defense Counsel and Oregon Ass'n of Realtors.


PETERSON, Justice.

This proceeding stems from a dispute regarding the terms of a real estate development agreement. At trial, after the court directed a verdict in favor of defendants1 on plaintiffs'2 fraud claim, the jury returned a verdict in favor of plaintiffs on their claim for negligent misrepresentation. The trial court thereafter granted defendants' motion...

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