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FALKENSTEIN v. PISHIONERI

16-84-01486; CA A34368.

720 P.2d 1341 (1986)

80 Or.App. 203

Henry FALKENSTEIN, Appellant, v. Diane PISHIONERI, Respondent.

Court of Appeals of Oregon.

Decided July 2, 1986.

Attorney(s) appearing for the Case

Randall E. Thwing, Eugene, argued the cause for appellant. With him on the briefs was Thwing & Thwing, Eugene.

James H. Anderson, Eugene, argued the cause for respondent. With him on the brief was Thompson, Mumford & Anderson, Eugene.

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

WARDEN, Judge.

Plaintiff seller appeals the trial court's judgment after granting defendant buyer a summary judgment dismissing plaintiff's action at law for breach of a land sale contract. ORCP 47 B. We find that there are issues of material fact to be resolved and reverse and remand.

Plaintiff seeks to recover a balloon payment and installments past due on March 1, 1984, under a land sale contract. These are the facts gathered from the pleadings and affidavits...

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