SORENSON V. GARDNER
Sup. Ct. of Or., 215 Or. 255, 334 P.2d 471 (1959)
NATURE OF THE CASE: Gardner (D) appealed from a judgment of the Circuit Court, Clackamas
County (Oregon), entered in favor of Sorensn (P) in P's action for fraud.
FACTS: Sorenson (P) purchased a house from Arthur Tillen and his wife. Gardner (D) built
the house in question but had sold it, and at the time that P purchased it D and his wife
were living in a house on adjoining property. P alleges that D falsely represented to P that
the house was well constructed in a workmanlike manner and met all minimum code
requirements, particularly with respect to electric wiring, plumbing, septic tank and sewage
disposal arrangement, and that the well was properly constructed and with the existing pump
would deliver 950 gallons of pure water per hour and would meet all health standards and
building code requirements. P introduced evidence in support of these allegations and
evidence tending to show that the representations were false. Judgment was given to P. D
appealed; the representations were to matters of law.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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