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NABER v. KRIEGER

A8210-06587; CA A35463.

717 P.2d 1268 (1986)

79 Or.App. 122

David L. NABER, Appellant, v. Arthur KRIEGER and Ora J. Krieger, Respondents, Guaranty Escrows, Inc., a Corporation, and Mayfair Realty, Inc., a Corporation, Defendants. Arthur Krieger and Ora J. Krieger, Third-Party Plaintiffs, v. John T. Walker Dba John Co., Realtors, and Kathy Krieger, Third-Party Defendants.

Court of Appeals of Oregon.

Decided April 23, 1986.

Attorney(s) appearing for the Case

Arthur B. Knauss, Milwaukie, argued the cause and filed the brief for appellant.

Jack D. Howe, Portland, argued the cause and filed the brief for respondents.

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

WARDEN, Judge.

Plaintiff and defendants Krieger1 entered into an earnest money agreement whereby the latter agreed to purchase residential property. Part of the consideration was the assignment to plaintiff of defendants' obligees' interest in two promissory notes and the trust deeds securing them. Plaintiff signed a writing approving the security for the notes on May 4, 1981. The trust deeds were subordinate to a prior mortgage. Before...

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