Opinion

Beri, Inc. v. Salishan Properties, Inc.

  • 282 Or. 569
  • 580 P.2d 173
  • 1978 Ore. LEXIS 950
Court
Oregon Supreme Court
Filed
Jun 20, 1978
Status
Published
Author
Linde
On the bench
Holman, Bryson, Lent, Linde, Thornton
Cited by
10 cases
Authority
More cited than 5.6%

stating that “purchasers of oceanfront building lots should be expected in some measure to inquire about the land’s susceptibility to erosion”

How later courts described this case

  • stating that “purchasers of oceanfront building lots should be expected in some measure to inquire about the land’s susceptibility to erosion”
  • where the defendants were “charged with active participation on their own account[s], not merely in their capacities as corporate officers,” in the tortious conduct alleged by the plaintiffs, the trial court erred in sustaining the defendants’ demurrers
  • erosion of oceanfront property does not breach implied warranty of habitability as defect not product of builder's work on the land

Written by the judges who cited it.

The opinion

LINDE, J.,

concurring.

As I understand it, this case does not involve the issue of an implied warranty of fitness for use in the builder’s sale or long-term lease of a building when the building itself proves unfit by virtue of a defect in the site on which it is built. Such a case would lie somewhere between Yepsen v. Burgess, 269 Or 635 , 525 P2d 1019 (1974), and Cook v. Salishan Properties, 279 Or 333 , 569 P2d 1033 (1977). Its decision can be reserved until the issue is squarely presented.

On that understanding, I concur in the present decision.

Lent, J., joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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