YEPSEN v. BURGESS


525 P.2d 1019 (1974)

Robert L. YEPSEN and Elisabeth Yepsen, Husband and Wife, Appellants, v. Sylvester J. BURGESS and June E. Burgess, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided September 6, 1974.


Attorney(s) appearing for the Case

Charles J. McClure, Tigard, argued the cause and filed a brief for appellants.

No appearance by respondents.


O'CONNELL, Chief Justice.

Plaintiffs, purchasers of a new house built and sold to them by defendants, bring this action to recover damages allegedly incurred as the result of defendants' breach of an implied warranty that the structure had been built in a proper and reasonably workmanlike manner and was fit for habitation. The trial court sustained defendants' demurrer to the complaint and plaintiffs appeal.

According to plaintiffs' complaint, defendant Sylvester...

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