(DOWNLOAD) "Cabal v. Donnelly" by Supreme Court of Oregon ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cabal v. Donnelly
- Author : Supreme Court of Oregon
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This case presents the question whether an action by the purchasers of a new home (plaintiffs) against their builder-vendor (defendant) under the implied warranty that the home was fit for habitation is an action on a contract -- thereby entitling the prevailing party to attorney fees under their earnest money agreement -- or an action in tort -- with no attorney fees awarded. The trial court ruled the case was one "sounding" in tort. The Court of Appeals reversed. Cabal v. Donnelly, 78 Or App 56, 714 P2d 1071 (1986). We affirm the Court of Appeals.