HOWMAR MATERIALS, INC. v. PETERSON

(16-97-08036; CA A102527)

14 P.3d 631 (2000)

171 Or. App. 52

HOWMAR MATERIALS, INC., Howard Mills and Margaret Mills, Respondents-Cross-Appellants, v. James E. PETERSON, Jr., Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided November 15, 2000.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant-cross-respondent.

Meg E. Kieran argued the cause for respondents-cross-appellants. With her on the briefs were Harold, Leahy, Trudeau & Kieran.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

Plaintiffs sold land and a business to defendant. When defendant stopped making payments after the land flooded, plaintiffs filed a judicial foreclosure action. Defendant responded by counterclaiming for, among other things, fraudulent misrepresentation and fraudulent concealment. Defendant also sought to add a claim for punitive damages, but the trial court refused to allow him to do so. The court ruled in plaintiffs' favor on their foreclosure action...

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