specially concurring.
I question the appropriateness of allowing an award of punitive damages in a "promissory” fraud case such as this. However, this is not the case to re-examine this issue as counsel did not raise this broad question. These cases are basically breach of contract cases with the remedy of compensatory damages. For example, see Webb v. Clark, 274 Or 387, 392, 546 P2d 1078 (1976).