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MILLER v. HUBBARD-WRAY CO.

No. 79-210-E-2; CA 18104.

630 P.2d 880 (1981)

52 Or.App. 897

James C. MILLER, Appellant, v. HUBBARD-WRAY CO., Inc., an Oregon Corporation, and John Deere Co., a Delaware Corporation, Respondents.

Court of Appeals of Oregon.

Decided June 29, 1981.

Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellant. On the briefs were Gregory A. Parker and Cottle, Howser & Cue, Ashland.

Douglas P. Cushing, Medford, argued the cause for respondent Hubbard-Wray Co., Inc. With him on the brief was Cushing, Haberlach, Hanson & Black, Medford.

No appearance for respondent John Deere Co.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

Plaintiff appeals from a decree denying him the right to rescind a contract with defendant for purchase of a hay baler and further denying damages for breach of express warranty and for unlawful trade practice. On appeal plaintiff contends the trial court erred in finding that the disclaimer of warranties clause in the contract was sufficient to nullify the alleged express warranty given by defendant's1 salesperson that...

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