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CHAMBERLAIN v. JIM FISHER MOTORS, INC.

578 P.2d 1225 (1978)

282 Or. 229

Linda C. CHAMBERLAIN, Respondent, v. JIM FISHER MOTORS, INC., an Oregon Corporation, Dba Jim Fisher Datsun and Universal Underwriters Insurance Company, a Missouri Corporation, Appellants, v. William A. Knutson, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted March 10, 1978.

Attorney(s) appearing for the Case

Gary M. Bullock, Portland, argued the cause and filed the brief for appellants.

Charles P. Duffy, Portland, argued the cause for respondent Chamberlain. With him on the brief were Gary E. Rhoades and O'Donnell, Rhoades & Gerber, Portland.

John Spencer Stewart, Portland, argued the cause for respondent Knutson. With him on the brief were David R. Trachtenberg and Kobin & Meyer, Portland.

TONGUE, Justice.

This is an action by the purchaser of a used car against a used car dealer for damages resulting from the failure of the dealer to provide title to the car. The car was stolen, "stripped" and "totaled." Plaintiff's insurance company then refused to pay her claim for its loss because of her inability to produce a certificate of title to the car.

Prior to trial, the trial court entered a partial summary judgment on the issue of liability. At...

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