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JONES v. EMERALD PACIFIC HOMES, INC.

CCV 9809193; A108879.

71 P.3d 574 (2003)

188 Or. App. 471

Nathan L. JONES and Gail Jones, Appellants-Cross-Respondents, v. EMERALD PACIFIC HOMES, INC., Respondent-Cross-Appellant, and Jeffery L. Butts, and Kimberly Butts, Respondents, and Michael Butts, and Gary Donovan, Defendants.

Court of Appeals of Oregon.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Gary G. Linkous, Welches, argued the cause for appellants-cross-respondents. With him on the briefs was John R. MacMillan.

Lisa E. Lear argued the cause and filed the briefs for respondent-cross-appellant Emerald Pacific Homes, Inc., and respondents Jeffery and Kimberly Butts.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

Emerald Pacific Homes, Inc. (Emerald) contracted to build plaintiffs a custom home. Satisfied with neither the quality nor the speed of construction, plaintiffs brought this action against Emerald and its owners (collectively, defendants) for negligence and breach of contract. At the conclusion of plaintiffs' case-in-chief, the trial court granted defendants' "motion for partial directed verdict"1 on the negligence claim, ruling...

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