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HIATT v. CONGOLEUM INDUSTRIES, INC.

569 P.2d 567 (1977)

279 Or. 569

Wendell HIATT, Respondent, v. CONGOLEUM INDUSTRIES, INC., a Foreign Corporation, Appellant, Kdl Investment Co., an Oregon Corporation, Doing Business under the Assumed Business Name, Imperial Floors, Defendant.

Supreme Court of Oregon, Department 2.

Decided September 27, 1977.

Attorney(s) appearing for the Case

Graham M. Hicks, Portland, argued the cause for appellant. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener and Richard A. Edwards, Portland.

Lee Omlid, Eugene, argued the cause for respondent. On the brief was Larry J. Anderson, of Anderson & Richmond, Eugene.

Before DENECKE, C.J., and BRYSON, LINDE and DAVIS, JJ.

DENECKE, Chief Justice.

Plaintiff brought this action alleging that floor covering he purchased did not properly adhere to the floor and plaintiff was required to replace it, to his damage. Plaintiff named as defendants Congoleum Industries, the manufacturer, Wanke Panel Co., the distributor, and K.D.L. Investment Co., the seller and installer. Wanke's demurrer was sustained and the case against it was dismissed. The jury returned a verdict in favor of KDL. A default...

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