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BERKI v. REYNOLDS SECURITIES, INC.

560 P.2d 282 (1977)

277 Or. 335

John L. BERKI, an Individual, Appellant, v. REYNOLDS SECURITIES, INC., a Delaware Corporation, and Joseph C. Thompson, an Individual, Respondents.

Supreme Court of Oregon, Department 1.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe and Mark H. Wagner, Portland.

Paul R. Duden, Portland, argued the cause for respondent Reynolds Securities, Inc., a Delaware corporation. With him on the brief were Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

George VanNatta, St. Helens, argued the cause for respondent Joseph C. Thompson, an individual. With him on the brief were VanNatta and Petersen, St. Helens.

Before DENECKE, C.J., and HOLMAN, LENT and MENGLER, JJ.

MENGLER, Justice, Pro Tem.

This is an appeal from a judgment of involuntary nonsuit.

The complaint was in three counts: (1) common law fraud, (2) violation of the Oregon Securities Law, and (3) breach of a fiduciary obligation.

At the close of the plaintiff's case in chief, the court allowed defendants' motions for involuntary nonsuit.

A party appealing from an order of involuntary nonsuit is entitled to have the evidence viewed in a manner...

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