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ANDERSON v. JACK

No. 420-564; CA 10584.

593 P.2d 1259 (1979)

39 Or.App. 813

Michael ANDERSON and Alyda F. Anderson, Husband and Wife, Ned Helzer and Kathleen Helzer, Husband and Wife, Kirk Morey and Karen Morey, Husband and Wife, Russell H. Stockfleth and Barbara A. Stockfleth, Husband and Wife, Charles M. Oliver, Charles M. Estes and Sharon Estes, Husband and Wife, Robert H. Cook and Audrey L. Cook, Husband and Wife, Donald Kreitman and Marjorie Kreitman, Husband and Wife, Vern Andersen and Lucille Andersen, Husband and Wife, David McDaniel and Deena McDaniel, Husband and Wife, Arthur Olson and Patricia A. Olson, Husband and Wife, Bruce G. Kolb; Michael Arnell and Doris Arnell, Husband and Wife, David E. Lind and Candice L. Lind, Husband and Wife, Manfred Groesch and Helga Groesch, Husband and Wife, Stanley Chorney and Dana Chorney, Husband and Wife, Leonard Olson and Sandra Olson, Husband and Wife, Plaintiffs, v. Robert L. JACK, Appellant, Robert Montgomery, John Mahaffey and Rod Girtman Realtor, Inc., Respondents. Robert Montgomery, Third-Party Plaintiff, v. David E. Farr, a/k/a Dave Farr, and Virginia M. Farr, Husband and Wife, Third-Party Defendants.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Robert L. Kirkman, Portland, argued the cause for appellant. With him on briefs, were Solomon, Warren, Killeen & Kirkman and Carlton D. Warren, Portland.

Fred A. Granata, Portland, argued the cause for respondents. With him on brief, were Dressler & Granata and Robert L. Dressler, Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

GILLETTE, Judge.

Robert L. Jack appeals from a trial court judgment sustaining a demurrer against the first count of his cross-claim against respondents Montgomery, Mahaffey, and Rod Girtman Realtors, Inc., and ruling against him after trial on the third count of his cross-claim.1 We affirm.

This case arose out of the sale of lots in the Rowe Terrace Addition subdivision in Gresham, Oregon. Farr, a third-party defendant, initially...

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