ERWIN v. BAYLESS


536 P.2d 1242 (1975)

Warde H. ERWIN and Mary Lou Erwin, Respondents and Cross-Appellants, v. Craig BAYLESS et al., Appellants.

Supreme Court of Oregon, In Banc.

Decided June 19, 1975.


Attorney(s) appearing for the Case

William B. Crow, Portland, argued the cause for appellants. With him on the briefs were Miller, Anderson, Nash, Yerke & Wiener and Roy F. Gorski, Jr., and Warren C. Deras, Portland.

Warde H. Erwin, Portland, argued the cause and filed a brief on cross-appeal for respondents. Also on the briefs were Lawrence W. Erwin and Erwin, Lamb & Erwin, P.C., Portland.


O'CONNELL, Chief Justice.

This is a suit to enjoin the construction of a house, to require removal of completed portions of the house, and to recover damages for the alleged breach of a deed restriction. The trial court entered a decree requiring defendants1 either to remove the house (which was completed before trial) or pay plaintiffs $10,000. Defendants appeal.

Plaintiffs own the eastern half and defendants own the western half...

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