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FAR WEST MODULAR HOME SALES v. PROAPS

No. 24928; CA 12775.

604 P.2d 452 (1979)

43 Or.App. 881

FAR WEST MODULAR HOME SALES, INC., Respondent, v. Rodney PROAPS and Evelyn Proaps, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Richard L. Cowan, Salem, argued the cause for appellants. With him on the brief was Jerry G. Kleen, Salem.

Kenneth E. Shetterly, Dallas, argued the cause for respondent. With him on the brief was Hayter, Shetterly & Weiser, Dallas.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

In this replevin action the plaintiff sought to recover the possession of a modular home. The parties waived a jury, and following trial to the court, judgment was entered for the plaintiff. The defendants have appealed, and we reverse.

In July 1977 the plaintiff contracted to sell a modular home to the defendants. In January 1978 the home was delivered in two sections from plaintiff's factory to the defendants' property. It was of wood construction...

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