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RANDALL v. SANFORD

A8310, 06399; CA A30796.

705 P.2d 756 (1985)

75 Or.App. 68

Robert D. RANDALL and Marcia H. Randall, Appellants — Cross-Respondents (Interlocutory Decree); Respondents — Cross-Appellants (Modified Interlocutory Decree), v. Thomas R. SANFORD, Anne H. Sanford and Robert A. Jensen, Respondents — Cross-Appellants (Interlocutory Decree); Appellants — Cross-Respondents (Modified Interlocutory Decree), and Coin Meter Company, Respondent (Interlocutory Decree); Cross-Respondent (Modified Interlocutory Decree) and Bernard A. Jones, Defendant.

Court of Appeals of Oregon.

Decided August 21, 1985.

Attorney(s) appearing for the Case

Christine A. Van Eck, Portland, argued the cause for appellants — cross-respondents, respondents — cross-appellants Randall. With her on briefs were Stoel, Rives, Boley, Fraser & Wyse, Portland.

Steven Y. Orcutt, Portland, argued the cause for respondents — cross-appellants, appellants — cross-respondents Sanford and Jensen. With him on briefs were Holmes, De Francq & Schulte, P.C., Portland.

David W. Dardano of Dardano & Mowry, P.C., Portland, waived appearance for respondent — cross-respondent Coin Meter Co.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Plaintiffs brought this action for strict foreclosure of a real estate contract. The trial court granted their motion for summary judgment and entered an interlocutory decree of strict foreclosure. Plaintiffs then moved to set aside the interlocutory decree on the basis that it was beyond the scope of their complaint and motion for summary judgment. The trial court denied the motion to set aside but entered an order modifying the interlocutory decree...

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