BARTLAM v. TIKKA

No. A7906-02690; CA 17278.

622 P.2d 1133 (1981)

50 Or.App. 217

Marion E. BARTLAM, Respondent, v. Howard E. TIKKA and H.M. Roger E. Neale, Appellants.

Court of Appeals of Oregon.

Decided February 3, 1981.

Reconsideration Denied March 12, 1981.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellants. With him on the briefs were Katherine H. O'Neil and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Frank M. Parisi, Portland, argued the cause for respondent. With him on the brief were Robert J. Vanden Bos and Spears, Lubersky, Campbell & Bledsoe, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


BUTTLER, Judge.

In this action on a promissory note, defendants appeal the trial court's granting of plaintiff's motion for summary judgment, contending (1) that the contract to which the promissory note is subject is ambiguous and what the parties intended is a material issue of fact, and (2) even if not ambiguous, the contract does not express the intention of the parties and should be reformed. We affirm.

The underlying facts are uncontroverted. On December...

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