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ELLIS v. BELL AEROSPACE CORPORATION

Civ. No. 68-450.

315 F.Supp. 221 (1970)

Don A. ELLIS, Plaintiff, v. BELL AEROSPACE CORPORATION, a Delaware corporation, dba Bell Helicopter Company, Defendant.

United States District Court, D. Oregon.

March 27, 1970.

Attorney(s) appearing for the Case

Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for plaintiff.

McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for defendant.

OPINION

ALFRED T. GOODWIN, District Judge.

Don Ellis paid Bell Aerospace Corporation $102,110 for a new helicopter. The helicopter was substantially destroyed while Ellis and a Bell flight instructor were taking the first of five training flights that were contemplated in the purchase agreement. Ellis brings this action to recover the purchase price.

Relying on the Uniform Commercial Code, ORS 72.5090(3), Ellis contends that at the time of the crash...

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