GODAT v. WALDROP

A8205-02915; CA A35386.

717 P.2d 180 (1986)

78 Or.App. 374

Harold L. GODAT and Kathleen C. Godat, Husband and Wife, Appellants, v. Gary P. WALDROP and Century 21/Moon Realty, Inc., a Corporation, Respondents.

Court of Appeals of Oregon.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Bruce L. Melkonian, Portland, argued the cause and filed briefs for appellants.

Stephen C. Hendricks, Portland, argued the cause and filed brief for respondents.

Before GILLETTE, P.J., Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

This is an action for fraud. Plaintiffs appeal from a judgment granting defendants' motion for judgment on the pleadings. ORCP 21 B. They contend that the trial court erred in concluding that their claim is barred by res judicata or by the doctrine of election of remedies. The issues are whether plaintiffs are barred from pursuing their fraud claim, which was bifurcated from their claim for specific performance in order to obtain calendar...

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