United States Nat. Bank of Oregon v. Fought

*203LENT, J.

This is an action at law for damages allegedly resulting from misrepresentation. The case was tried without a jury, and the trial judge made findings of fact, from which he concluded that plaintiff1 was not entitled to prevail and therefore entered judgment for defendants. Upon plaintiff s appeal, the Court of Appeals held that plaintiff had pleaded and proved a cause of action for “fraud”2 and reversed and remanded for entry of judgment in plaintiffs favor. U. S. National Bank v. Fought, 46 Or App 635, 612 P2d 754 (1980).

We allowed defendants’ petition for review, ORS 2.520, 289 Or…