GLASER v. ROCK CREEK COUNTRY CLUB

No. A 7911 05297; CA A25397.

683 P.2d 114 (1984)

Judith A. GLASER, Respondent — Cross-Appellant, v. ROCK CREEK COUNTRY CLUB, Inc., an Oregon Corporation, Appellant — Cross-Respondent, Thomas R. Carota, Respondent — Cross-Respondent, Ken Harris, James Tallman and Rex Barber, Intervenors — Appellants. Rock Creek Country Club, Inc., an Oregon Corporation, Appellant, v. Safeco Title Insurance Company of Oregon, Respondent.

Court of Appeals of Oregon.

Argued and Submitted December 2, 1983.

Reconsideration Denied July 13 and July 27, 1984.

Review Denied August 28, 1984.


Attorney(s) appearing for the Case

Warde H. Erwin, Portland, argued the cause for appellant — cross-respondent Rock Creek Country Club, Inc., and intervenors — appellants Harris, Tallman and Barber. With him on the briefs was Erwin, Lamb & Erwin, Portland.

Gary M. Galton, Portland, argued the cause for respondent Safeco Title Ins. Co. of Oregon. With him on the brief was Galton, Popick & Scott, Portland.

William J. Howe, III, Portland, argued the cause for respondent — cross-appellant Judith A. Glaser. With him on the brief was Howe & Harris, Portland.

John M. Berman, Portland, argued the cause for respondent — cross-respondent Thomas R. Carota. With him on the brief was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


WARDEN, Judge.

Judith A. Glaser brought this action to reform a promissory note of defendant Rock Creek Country Club, Inc. (Rock Creek), executed by defendant Carota, and the trust deed of Rock Creek property securing the note. She sought judgment on the reformed note and foreclosure of the reformed trust deed. Defendants Harris, Tallman and Barber, major shareholders of Rock Creek, intervened. Defendant Carota filed a third party claim against Rock Creek and intervenors...

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