(DOWNLOAD) "Sponseller v. Meltebeke" by Supreme Court of Oregon * Book PDF Kindle ePub Free

July 27, 2021

eBook details

Title: Sponseller v. Meltebeke
Author : Supreme Court of Oregon
Release Date : January 08, 1977
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

On December 29, 1976, plaintiff, the purchaser of a used house, brought this action for damages against the defendant, the builder-seller of the house, for breach of implied warranty and fraud. Defendant demurred to the complaint. The demurrer was sustained on a number of grounds. The breach of warranty action was held barred by the running of the 10-year statute of ultimate repose, ORS REF12.135./REF In addition, the trial court held that neither the breach of warranty count nor the fraud count stated facts sufficient to constitute a cause of action. The former ruling was based on the doctrine of privity; the latter, on the fact, as stipulated by the plaintiff and defendant in open court, that there was no direct representation made by the defendant to the plaintiff. When the plaintiff did not plead over, judgment was entered for the defendant. Plaintiff appeals, and we affirm.