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FESSLER v. QUINN

93 4336; CA A88417.

923 P.2d 1294 (1996)

143 Or. App. 397

Larry M. FESSLER and Susan D. Fessler, Appellants, v. David O. QUINN, Respondent, and John C. Jensen, Bayshore Realty, Inc., and Cory Comstock, Defendants.

Court of Appeals of Oregon.

Decided September 11, 1996.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellants.

Timothy J. Heinson, Portland, argued the cause for respondent. With him on the brief was Lachenmeier, Enloe & Rall.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Plaintiffs brought this action seeking damages allegedly arising after their 1993 purchase of a residence in Lincoln County. They alleged a claim of negligence and a claim for breach of contract against defendant Quinn (defendant), who had inspected the house before the purchase.1 On the day of trial, defendant moved to dismiss plaintiffs' negligence claim pursuant to ORCP 21 A(8), arguing that the negligence claim really...

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