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DUNN v. DEAN VINCENT, INC.

562 P.2d 972 (1977)

278 Or. 117

William C. DUNN and G. Michael Niesz, Respondents, v. DEAN VINCENT, INC., Appellant, and Samuel F. Johnson, Defendant.

Supreme Court of Oregon, Department 2.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Glenn H. Prohaska, Portland, argued the cause for appellant. With him on the briefs were Michael S. Sommers and Day & Prohaska, P.C., Portland.

Howard R. Hedrick, of Hedrick, Fellows, McCarthy & Zikes, P.C., Portland, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and TONGUE, BRYSON and O'CONNELL, JJ.

O'CONNELL, Justice Pro Tempore.

This is an action at law by the buyers of a tavern against the seller and his broker for common law fraud. The seller made no appearance, was found in default, and is not a party in this appeal. Plaintiffs allege that defendants represented that the tavern sold 50 kegs of beer per month and was netting an average profit of $1,000 per month, that these representations were false, and that they...

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