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SALISHAN HILLS, INC. v. KRIEGER

No. 43964; CA A22564.

660 P.2d 160 (1983)

62 Or.App. 84

SALISHAN HILLS, INC., an Oregon corporation, Appellant, v. Ronald L. KRIEGER, Dalton D. Hershey, Kent E. Jensen, and Sandra Jensen, Respondents.

Court of Appeals of Oregon.

Decided March 2, 1983.

Reconsideration Denied April 14, 1983.

Attorney(s) appearing for the Case

Bennett H. Goldstein, Portland, argued the cause for appellant. With him on the briefs was Stoel, Rives, Boley, Fraser and Wyse, Portland.

Jeffrey N. Barlow, Salem, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

Plaintiff appeals from the judgment entered after an order granting a motion for summary judgment in favor of defendants Kent and Sandra Jensen.

Plaintiff brought an action to foreclose a trust deed securing a note made by defendants Krieger and Hershey in favor of plaintiff; the trust deed and note had been assumed by the Jensens.1 The Jensens raised as affirmative defenses that plaintiff had waived its right "to...

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