Burton v. MacKey

Plaintiffs (Burton) appeal a summary judgment for defendants in an action for negligence, indemnity and contribution and breach of contract. We affirm.

The present action arises out of a fraud judgment that Gerke won against Burton. Gerke v. Burton Enterprises, 80 Or App 714, 723 P2d 1061, rev den 302 Or 299 (1986). The undisputed facts are that, in 1981, Gerke purchased a motel and restaurant complex from Burton. As part of the transaction, defendants John Mackey and Ransom & Smith Realty, Inc. (Mackey), Burton’s realtors, gave Gerke inaccurate net income figures for 1980. The figures were…