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ROBERTSON v. JESSUP

82-1910-L; CA A46568.

773 P.2d 385 (1989)

96 Or.App. 349

John T. ROBERTSON and Regina Robertson, Respondents, v. Steven C. JESSUP, Sherry M. Jessup, Louis F. Schultz, Jr. and Josephine County Title Corporation, an Oregon Corporation, Respondents, Charles F. Jessup, Appellant.

Court of Appeals of Oregon.

May 3, 1989.

Reconsideration Denied July 7, 1989.

Attorney(s) appearing for the Case

Dennis R. Ingram, Grants Pass, argued the cause for appellant. With him on the brief was Ingram & Rich, Grants Pass.

David V. Gilstrap, Ashland, argued the cause for respondents John T. Robertson and Regina Robertson. With him on the brief was Davis, Ainsworth, Pinnock, Gilstrap & Harris, P.C., Ashland.

Robert H. Grant, Medford, argued the cause and filed the brief for respondent Louis F. Schultz, Jr.

Douglas J. Richmond, Medford, filed the brief for respondent Josephine County Title Corp. With him on the brief was Kellington, Krack, Richmond & Blackhurst, Medford.

No appearance for respondent Steven C. Jessup.

No appearance for respondent Sherry M. Jessup.

Before GRABER, P.J., and JOSEPH, C.J., and EDMONDS, J.

EDMONDS, Judge.

Defendant Charles Jessup appeals from a judgment in favor of plaintiffs. He assigns as error the trial court's grant of plaintiffs' motion for partial summary judgment on the issue of liability. We reverse.

On April 15, 1980, Dorothy Stone sold real property to Charles and Steven Jessup. As consideration, the purchasers gave Stone a promissory note that was secured by a trust deed. On the same date, plaintiffs purchased a portion of the same...

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