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CARLSON v. RESERVATION RANCH

Nos. CV 89-0623, CA A72403.

848 P.2d 616 (1993)

118 Or. App. 512

Gordon G. CARLSON, Appellant, v. RESERVATION RANCH, a partnership consisting of Henry Westbrook, III and Robert Lane Westbrook, partners, Third-Party Plaintiff-Respondent, and S.E. Comfort and Douglas County Lumber Company, Third-Party Defendants.

Court of Appeals of Oregon.

Decided March 10, 1993.

Attorney(s) appearing for the Case

Larry O. Gildea, Eugene, argued the cause for appellant. With him on the briefs were Michael N. Warshafsky and Gildea & Facaros, Eugene.

Lann D. Leslie, Eugene, argued the cause for third-party plaintiff-respondent. With him on the brief was Atherly, Butler & Burgott, Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiff appeals from a judgment upholding the reservation of a timber interest in a deed. Plaintiff assigns error to the trial court's entry of partial summary judgment for defendant Reservation Ranch (defendant)1 and to the court's holding following trial that the reservation was valid. We reverse, because the court improperly granted partial summary judgment.

This case concerns 466 acres of timberland in Douglas...

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