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LANDSING PROPERTY CORP. v. ANGLEA

85-12-08018; CA A39518.

749 P.2d 588 (1988)

89 Or.App. 381

LANDSING PROPERTY CORPORATION, a California Corporation, Appellant, v. Berneice ANGLEA, As Trustee for Icn Pharmaceuticals, Inc., Trust, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Christopher W. Angius, Portland, argued the cause for appellant. On the briefs were Jacob Tanzer and Ball, Janik & Novack, Portland.

Frank M. Parisi, Portland, argued the cause for respondent. With him on the brief was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff appeals from a judgment dismissing its complaint with prejudice for failure to state ultimate facts sufficient to constitute a claim for declaratory relief. ORCP 21 A(8). Because we conclude that the facts alleged in the complaint are sufficient to state a claim for a declaration of the rights of the parties under an alleged contract, we reverse.

The complaint alleges the existence of an agreement by defendant to sell real...

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