David M. ABERCROMBIE, and J.G. "Glen" Vannoy and Marilyn Vannoy, husband and wife, Josef Diamond and Clise Realty, Inc., Respondents on Review,
v.
HAYDEN CORPORATION, a Delaware corporation, dba Hillman Properties Northwest, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted March 10, 1994.
Reargued September 20, 1994.
Resubmitted October 27, 1994.
Decided October 27, 1994.
Reconsideration Denied December 13, 1994.
Attorney(s) appearing for the Case
Ridgway K. Foley, Jr., of Foley & Duncan, P.C., Portland, argued the cause on behalf of petitioner on review. With him on the petition was M. Elizabeth Duncan, Portland.
Peter C. Richter, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause on behalf of respondents on review. With him on the responses was William H. Walters, Portland.
Alan K. Brickley, Portland, filed a brief on behalf of amici curiae Chicago Title Ins. Co. of Oregon, Oregon Title Ins. Co., Stewart Title of Oregon, Inc., and Transamerica Title Ins. Co.
Arden E. Shenker, of Tooze, Shenker, Duden, Creamer, Frank & Hutchison, Portland, filed a brief on behalf of amici curiae Oregon Bankers Ass'n and Oregon Mortgage Bankers Ass'n. With him on the brief was Gregory L. Baird, Portland.
Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.
Supreme Court of Oregon.
UNIS, Justice.
This case raises issues concerning the application of the parol evidence rule, ORS 41.740,1 the text of which is set out infra, 320 Or. at 285, 883 P.2d at 849, to certain quitclaim deeds.
In August 1989, plaintiffs contracted2 to purchase various commercial properties from defendant for $22,350,000, pursuant to a written "Property Purchase Agreement." Plaintiffs made an initial...
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