INDUS. CONTRACT CARRIERS v. PAC. DIESEL POWER


562 P.2d 164 (1977)

INDUSTRIAL CONTRACT CARRIERS, Inc., an Oregon Corporation, Appellant. v. PACIFIC DIESEL POWER COMPANY, a Delaware Corporation, Respondent.

Supreme Court of Oregon, Department 1.

Decided March 24, 1977.


Attorney(s) appearing for the Case

Paul J. Rask, Portland, argued the cause and filed a brief for appellant.

Barbee Lyon, Portland, argued the cause for respondent. With him on the brief was Tonkon, Torp & Galen, Portland.

Before DENECKE, C.J., and HOWELL, LENT and O'CONNELL, JJ.


O'CONNELL, Justice Pro Tem.

This is an action by the buyer for breach of an implied warranty of fitness for a particular purpose upon the sale of a rebuilt diesel engine by the seller. Defendant counterclaimed, seeking recovery of an unpaid promissory note executed by plaintiff as part payment for the engine. From a judgment for defendant, plaintiff appeals.

An initial question as to the scope of review is raised by plaintiff's contention that the present...

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