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VISTA MANAGEMENT v. COOPER

83-1368; CA A33728.

726 P.2d 974 (1986)

81 Or. App. 660

VISTA MANAGEMENT, LTD., an Oregon limited partnership, previously dba Vista Real Estate, Ltd., Respondent, v. Donald Edward COOPER, Sr.; Kohala Farms, Inc., an Oregon corporation; Atlantic Richfield Company, a Pennsylvania corporation; Knappenberger, Tish & Poole, P.C., an Oregon professional corporation, previously dba Knappenberger & Tish, P.C.; Daniel J. Desler; Susan E. Reese; Santiam Valley Bank, an Oregon State Banking corporation; and Merle Rust, Trustee of the M.A. Rust Trust, Defendants, and Old National Financial Services, Inc., a Washington corporation, Appellant.

Court of Appeals of Oregon.

Decided October 15, 1986.

Attorney(s) appearing for the Case

Joan L. Volpert, Portland, argued the cause for appellant. On the briefs were Paul S. Cosgrove and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

Griffith C. Steinke, Newberg, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J. Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge Pro Tem.

This is an action on a land sale contract in which Old National Financial Services, Inc. (defendant), appeals a judgment strictly foreclosing its claimed interest in real property. We review de novo, ORS 19.125(3), and reverse and remand.

Vista Management, Ltd., (vendor), and Donald Cooper, (vendee), entered into a land sale contract in 1977. Other than the initial down payment of $5,000, vendee made no payments on...

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