Frazier v. Consolidated Equipment Sales, Inc.

This is an action for damages alleged to have resulted from breaches of warranties in the sale of a used bulldozer. At the close of plaintiffs case, the trial court granted defendant’s motion to dismiss for lack of evidence. Plaintiff appeals from the ensuing judgment. We reverse as to the claims for breaches of the express warranties and the implied warranty of merchantability.

In reviewing a ruling on a motion for involuntary non-suit (presently identified as motion for judgment of dismissal, ORCP 54B.(2)), in favor of a defendant, the question on appeal is not what was found to have…