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CAMPBELL v. KARB

TC 16-79-06435; CA A31334; SC S33253.

740 P.2d 750 (1987)

303 Or. 592

William D. CAMPBELL, Allison Zoe Campbell, William F. Campbell and Mary A. Campbell, Petitioners On Review, v. Henry E. KARB, Edith C. Karb, and Henry L. Karb, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided July 28, 1987.

Reconsideration Denied September 9, 1987.

Attorney(s) appearing for the Case

James B. Ehrlich, Eugene, argued the cause for petitioners on review. With him on the brief was Larry O. Gildea, P.C., Eugene.

Kurtis M. Lombard, Eugene, argued the cause for respondents on review. With him on the brief was Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

LENT, Justice.

The issue is whether the Court of Appeals erred in holding there was no evidence to support the trial court's judgment for plaintiffs in their action for damages incurred in curing defendants' breach of covenant against encumbrances contained in a contract for sale of land and improvements by defendants to plaintiffs. We hold that there was evidence to support the trial court's judgment and therefore reverse the decision of the Court of Appeals and...

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