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LEACH v. GUNNARSON

CA 13659; SC 26754.

619 P.2d 263 (1980)

290 Or. 31

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

Supreme Court of Oregon, In Banc.

Decided November 4, 1980.

Attorney(s) appearing for the Case

Ronald L. Gould, of McNutt, Gant, Ormsbee, Corrigall & Gould, Coos Bay, argued the cause and filed briefs for petitioners.

Dudley C. Walton, of Geddes, Walton, Richmond, Nilsen & Smith, Roseburg, argued the cause and filed a brief for respondent.

HOWELL, Justice.

This action involves the question whether an irrevocable license to use a spring on a grantee's land is a breach of the grantor's covenant against encumbrances if the license is an open, notorious and visible physical encumbrance. Petitioners (hereinafter "plaintiffs") are third-party plaintiffs seeking damages for breach of the warranty deed from their grantor, the third-party defendant (hereinafter "defendant"). It was established at trial that...

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