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FALK v. AMSBERRY

No. 74-5251; CA 14025, SC 27142.

626 P.2d 362 (1981)

290 Or. 839

Everett H. FALK and Phyllis R. Falk, Husband and Wife, Plaintiffs, v. Larry M. AMSBERRY and Nancy A. Amsberry, Husband and Wife, Defendants. Larry M. Amsberry and Nancy A. Amsberry, Husband and Wife, Third Party Plaintiffs-Respondents, v. Norman L. Larsen, Third Party Defendant-Petitioner, Lorenz Realty, Inc., an Oregon Corporation, Third Party Defendant.

Supreme Court of Oregon.

Decided April 7, 1981.

Attorney(s) appearing for the Case

David Brewer, Eugene, argued the cause and filed briefs for petitioner. With him on the briefs was Lombard, Gardner, Honsowetz, Johnson & Brewer, Eugene.

Michael W. Doyle, Eugene, argued the cause and filed briefs for respondents. With him on the brief was Bick & Monte, P.C., Eugene.

Before TONGUE, Presiding C.J., and HOWELL, LENT, LINDE, PETERSON and TANZER, JJ.

TANZER, Justice.

This is a third party action by third party plaintiffs (Amsberrys) against third party defendant (Larsen) for indemnity involving a grass seed crop. Plaintiffs in the original action (Falks) were grass seed farmers who for several years leased farmland from Larsen for growing a grass seed crop. The oral lease between the Falks and Larsen provided for termination of the lease if Larsen sold the land. Larsen began to negotiate for the sale of the land...

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