MARSHALL v. WATTLES

No. 82-979-NJ-1; CA A27358.

678 P.2d 762 (1984)

67 Or.App. 442

Gertrude M. MARSHALL, Peter A. Joeschke and Gabriela Joeschke, Husband and Wife, Appellants, v. Ronald G. WATTLES and Karan K. Wattles, Husband and Wife, and Mary M. Jacks, Respondents.

Court of Appeals of Oregon.

Decided March 21, 1984.


Attorney(s) appearing for the Case

Carlyle F. Stout, III, Medford, argued the cause and filed the brief for appellants.

Robert R. Dickey, Jr., Medford, argued the cause for respondents. On the brief was Manville M. Heisel, Medford.

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


BUTTLER, Presiding Judge.

Plaintiffs, assignees of a vendor's interest in a land sale contract, brought this action for strict foreclosure, contending that defendants Wattles, vendees, violated covenants of the contract by granting an easement to defendant Jacks. The trial court granted both Wattles' and Jacks' motions for summary judgment, and plaintiffs appeal. We reverse and remand.

In August, 1971, Lauren Hardy purchased a parcel of real estate known as...

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