W. S. Maxwell Co. v. Southern Oregon Gas Corp.

Petition for rehearing denied. January 18, 1938

On Petition por Rehearing

(75 P. (2d) 9)

LUSK, J.

In the opinion reversing the judgment, we hold that § 64-509, Oregon Code 1930, which re*184quires the buyer of goods to give notice of breach of warranty as a condition precedent to recovery therefor, has no application to a case where the buyer is suing for breach -of warranty of title. We said then that we had not been referred to any case, and had not found any, in which that section had been invoked for failure to give notice of breach of warranty of title.

In a petition for rehearing filed by the…