DURHAM v. WARNBURG

No. 78-6160; CA A23341.

660 P.2d 208 (1983)

62 Or.App. 378

H. Warren DURHAM and Cleo J. Durham, husband and wife, Respondents, v. BOBBY L. WARNBERG and Alice Warnberg, Appellants.

Court of Appeals of Oregon.

Decided March 23, 1983.


Attorney(s) appearing for the Case

Harold D. Gillis, P.C., Eugene, argued the cause and filed the briefs for appellants.

John H. Horn, Eugene, filed the brief for respondents.

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


NEWMAN, Judge.

Defendants appeal from a judgment on a verdict awarding plaintiffs general and punitive damages for fraud. Plaintiffs had sought (1) a declaration that defendants held certain real property in constructive trust for plaintiffs and an order compelling defendants to convey title to them and (2) general and punitive damages for fraud. The court, after hearing the evidence, granted defendants' motion to dismiss plaintiffs' first claim because plaintiffs...

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