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WARRINGTON v. TRANSAMERICA TITLE INS. CO.

No. A7606-07778; CA 11278.

596 P.2d 627 (1979)

40 Or.App. 841

Bill WARRINGTON, Appellant, v. TRANSAMERICA TITLE INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided June 25, 1979.

Attorney(s) appearing for the Case

George R. Waldum, Portland, argued the cause and filed the brief for appellant.

John R. Faust, Jr., Portland, argued the cause and filed the brief for respondent. With him on the brief was Hardy, McEwen, Newman, Faust & Hanna, Portland.

Before SCHWAB, C.J., and THORNTON, GILLETTE and CAMPBELL, JJ.

CAMPBELL Judge.

Plaintiff Warrington brought an action against defendant Transamerica Title Insurance Co. (Transamerica) for damages in counts of fraud and negligence, for Transamerica's failure to disclose to the plaintiff a second mortgage on property that plaintiff purchased, and in contract for Transamerica's failure to issue him a title insurance policy and defend against the mortgage. The trial court sitting without...

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