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OGAN v. ELLISON

No. 132318; A25964.

668 P.2d 470 (1983)

64 Or.App. 411

Dorothy N. OGAN, and Dorothy N. Ogan, Personal Representative of the Estate of Philip K. Ogan, Appellants, v. Warren H. ELLISON and Rita M. Ellison, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided August 24, 1983.

Reconsideration Denied September 30, 1983.

Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause for appellants. With him on the brief was Kelley & Kelley, Silverton.

Richard H. Allen, Salem, argued the cause and filed the brief for respondents.

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

NEWMAN, Judge.

Plaintiffs appeal from a summary judgment for defendants. Plaintiffs' complaint, filed in March, 1980, alleged separate claims for breach of contract and fraud in the sale of two parcels of land. They alleged that defendants owned contiguous parcels A and B, that they deeded parcel A to plaintiffs in October, 1976, and parcel B to them in September, 1978, that in selling each parcel defendants impliedly "promised and represented" that parcels A and...

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