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LEACH v. GUNNARSON

No. 77-1396; CA 13659.

604 P.2d 419 (1979)

43 Or.App. 761

Henry LEACH and Betty C. Leach, Plaintiffs, v. Ove K. GUNNARSON and Inga-Lill Gunnarson, Appellants, v. Wilma Leach, Respondent.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Ronald L. Gould, Coos Bay, argued the cause for appellants. With him on the brief was McNutt, Gant, Ormsbee, Corrigall & Gould, Coos Bay.

Dudley C. Walton, Roseburg, argued the cause for respondent. With him on the brief was Geddes, Walton, Richmond, Nilsen & Smith, Roseburg.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

LEE, Judge.

Two cases were consolidated for trial. In the primary action, not subject to appeal, plaintiffs Henry and Betty Leach successfully established their right to use and maintain a spring situated on property in Douglas County. The owners of the property were defendants in the main action and also third party plaintiffs seeking damages for breach of warranty from their grantor, Wilma Leach, third party defendant. Hereinafter, those third parties are simply...

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