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OREGON P.O. BLDG. CORP. v. McVICKER

246 Or. 526 (1967)

426 P.2d 458

OREGON POST OFFICE BUILDING CORP., Appellant, v. McVICKER ET AL, Respondents.

Supreme Court of Oregon.

Affirmed April 12, 1967.

Attorney(s) appearing for the Case

Ralph Bolliger, Beaverton, argued the cause for appellant. On the brief were Kenneth A. Holmes, Salem, and Myatt, Bolliger & Lewis, Beaverton.

Lincoln S. Ferris, Portland, argued the cause for respondents. With him on the brief was Robert P. Dickinson, Portland.

Before McALLISTER, Presiding Justice, and O'CONNELL, GOODWIN and FORT, Justices.

AFFIRMED.

GOODWIN, J.

Plaintiff appeals from a judgment for the defendants in an action for damages arising out of an alleged fraud in the sale of a building. The only issue on appeal is whether the trial court abused its discretion in refusing the plaintiff's tender of an amended complaint on the morning of the trial. The amendment added a cause of action for breach of warranty.

It is conceded that if the court had allowed the amendment there would...

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