KLEINER v. RANDALL

No. 79-08-7666; CA A20949.

647 P.2d 956 (1982)

58 Or.App. 126

Walter KLEINER, Appellant, v. Frank A. RANDALL and Dale C. Dooley, Doing Business As Associated Farm & Cattle Co.; and Fma Financial Corporation, Doing Business As Fma Leasing Company, a Utah Corporation, Respondents, Western Water Wells, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided July 8, 1982.


Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were Fredric A. Yerke and Miller, Nash, Yerke, Wiener & Hager, Portland.

Milo Pope, Mount Vernon, argued the cause for respondents. With him on the brief were Wendell Gronso, Burns, for respondents Frank A. Randall and Dale C. Dooley and Dean E. Miller and Gigray, Miller, Downen & Weston, Caldwell, Idaho, and Kilpatricks & Pope, Mount Vernon, for FMA Financial Corp.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


RICHARDSON, Presiding Judge.

Plaintiff, purchaser of real property under two land sale contracts, brought this suit for declaratory relief against sellers Randall and Dooley, who are partners in Associated Farm and Cattle Co. (Associated), and against sellers' assignee FMA Leasing Co. (FMA).1 During trial the parties entered into a stipulated settlement. After plaintiff unsuccessfully moved to withdraw the stipulation, the court entered...

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