633 P.2d 1

MILLER, Appellant, v. HUBBARD-WRAY CO., INC., Respondent.

No. 79-210-E-2, CA 18104Oregon Court of Appeals.
On respondent’s reconsideration filed July 21, reconsideration granted; former opinion filed June 29 (52 Or App, 630 P.2d 880) adhered to as modified August 24, petition for review denied November 24, 1981 (292 Or. 109)

Appeal from Circuit Court, Jackson County.

L.L. Sawyer, Judge.

Douglas P. Cushing and Cushing, Haberlach, Hanson Black, Medford, for petition.

No appearance contra.

Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.

THORNTON, J.

Reconsideration granted; former opinion adhered to as modified.

Page 532

[EDITORS’ NOTE: THIS PAGE IS BLANK.]

Page 533

THORNTON, J.

Defendant Hubbard-Wray, Co., in its Petition for Review, points out that our fact statement is in error in stating that the hay baler sold by defendant to plaintiff was later returned to defendant and that defendant had accepted return of the baler and sold it. The opinion is modified accordingly.

Reconsideration granted; former opinion adhered to as modified.

Page 534

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