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KUVAAS v. CUTRELL

No. 54052; CA 17683.

623 P.2d 1116 (1981)

50 Or.App. 529

Dennis M. KUVAAS and Victoria A. Kuvaas, Respondents, v. Clifford M. CUTRELL, Jr., and Alvin D. Phillips, Appellants.

Court of Appeals of Oregon.

Decided February 17, 1981.

Attorney(s) appearing for the Case

William G. Nokes, Corvallis, argued the cause for appellants. With him on the brief was Nokes & Cohnstaedt, Corvallis.

Richard Kropp, Albany, argued the cause for respondents. On the brief were Robert W. Muir, and Emmons, Kyle, Kropp & Kryger, P.C., Albany.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Defendant appeals from an order granting plaintiffs a partial summary judgment, ORS 18.125, in a mortgage foreclosure suit. Defendants' answer generally denied the allegations of plaintiffs' complaint and alleged a counterclaim for fraud and misrepresentation in connection with the transaction which resulted in the defendants' execution of the note and mortgage. Plaintiffs subsequently moved for a partial...

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