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FOWLER v. COOLEY

070302979; A139311.

245 P.3d 155 (2010)

239 Or. App. 338

Scott FOWLER, Plaintiff-Respondent, v. Cheri D. COOLEY, dba Top Notch Homes, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 8, 2010.

Attorney(s) appearing for the Case

Mark G. Passannante, Portland, argued the cause and filed the briefs for appellant.

Geoffrey B. Silverman argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

ARMSTRONG, J.

Defendant appeals a judgment for plaintiff in an action under the Oregon Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.656.1 Plaintiff sought damages arising from defendant's sale to plaintiff of a single-family home that had a water leak in the basement. Plaintiff alleged that defendant had misrepresented that the house was of sound quality and character and had failed to disclose the material defect that the basement...

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