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CAREY v. LINCOLN LOAN CO.

9706-04753; A117696.

125 P.3d 814 (2005)

203 Or. App. 399

David Lee CAREY and Tanya Maria Carey, husband and wife, Appellants, v. LINCOLN LOAN CO., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

John M. Berman, Tigard, argued the cause for appellants. With him on the briefs was Damon J. Petticord, Tigard.

Steven E. Benson argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Plaintiffs David Lee Carey (David) and Tanya Marie Carey (Tanya) brought this declaratory judgment action to challenge the enforceability of several provisions in a land sale contract by which they purchased a house from defendant. They alleged that the provisions together make it impossible for them to sell the house. The trial court originally ruled that the provisions violated statutes that apply to loan agreements...

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