REID-STRUTT, INC. v. WAGNER

No. A8111-06865; CA A26208.

671 P.2d 724 (1983)

65 Or.App. 475

REID-STRUTT, INC., an Oregon Corporation, Respondent, v. Harold A. WAGNER, Appellant.

Court of Appeals of Oregon.

Decided November 9, 1983.


Attorney(s) appearing for the Case

Edward J. Benett, Portland, argued the cause for appellant. With him on the briefs was Morrison, Dunn, Carney, Allen & Tongue, Portland.

Lee A. Hansen, Portland, argued the cause for respondent. With him on the brief was Brown & Hansen, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

This is an action for damages arising out of an alleged breach of contract. Defendant appeals a judgment awarding plaintiff $31,500. We affirm.

Defendant, a real estate developer, sold a 20.3-acre parcel in an industrial park to American Sheet Metal, Inc. (American) in 1970. As a condition of the sale, defendant granted American a perpetual nonexclusive easement 60 feet in width that ran along the entire western boundary of the parcel on property...

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