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SAGA ENTERPRISES, INC. v. COLDWELL, BANKER & CO.

No. 413 360; SC 25184.

598 P.2d 285 (1979)

287 Or. 169

SAGA ENTERPRISES, INC., a California Corporation, Appellant, v. COLDWELL, BANKER and Company, a California Corporation, and Glenn R. Triplett, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 31, 1979.

Attorney(s) appearing for the Case

Robert C. Shoemaker, Jr., Portland, argued the cause for appellant. With him on the briefs were James N. Gardner, and Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

Robert S. Ball, Portland, argued the cause for respondents. With him on the brief were Ball, Smith & Orchard, P.C., Portland.

HOWELL, Justice.

Plaintiff brought this action for "misrepresentation, concealment of pertinent facts and breach of fiduciary duty" arising out of a real estate transaction in which defendants allegedly represented plaintiff. The trial court, sitting without a jury, found for defendant, and plaintiff appeals.

Plaintiff Saga Enterprises ("Saga") is a California corporation that operates, through a wholly owned subsidiary, Botello Enterprises, a chain of restaurants...

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