BADGER v. PAULSON INVESTMENT CO., INC.

84-11-75; CA A45550.

784 P.2d 125 (1989)

100 Or.App. 12

H. Raymond and Kirsten BADGER, Lewis F. Bayer, Robert W. and Gayle J. Bearden, John O. Beirwagen, William P. Bingham, Rodger and Janet Eddy, John Elwick, Allan W. Furney, Ellen Givens, Charles and Betty Goff, John and Sylvia Greene, Don Gregory, Edgar Limp, and Fred L. Stallard, Appellants, Tinker and Entzel, Plaintiffs, v. PAULSON INVESTMENT COMPANY, Inc., an Oregon Corporation; and Fidelity and Deposit Company of Maryland, a Maryland Corporation, Respondents, and Mainstream Minerals Corporation, a British Columbia Corporation, Scientific Mining Corporation, an Oregon Corporation, Duane Babcock, Zbigniew Lambo, Dennis Johnson, C. Scott Kennedy, Mark D. Babcock, Bonnie Babcock, Keith M. Anderson, G.A. Malocey, M.A. Kornhaus and John Does 1-20, Defendants.

Court of Appeals of Oregon.

Review Denied February 22, 1990.


Attorney(s) appearing for the Case

Joseph D. Cohen, Charles F. Adams and Stoel Rives Boley Jones & Grey, Portland, for petition.

No appearance for respondents.

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


BUTTLER, Presiding Judge.

In its petition for review, which we treat as a petition for reconsideration, ORAP 10.10, Paulson points out correctly that we erred in stating that, in order for Paulson to assign error to the giving or failing to give jury instructions, it was necessary for it to file a cross-appeal. We agree that a cross-appeal was not necessary. Its position was that the judgment should be upheld but that, if it was not, it is entitled to a new trial...

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