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MALOT v. HADLEY

844442-J-2; CA A38667.

740 P.2d 804 (1987)

86 Or.App. 687

Thomas E. MALOT and Sandra L. Malot, Respondents, v. Maynard HADLEY, Glen F. Payne, Harold Ellis, and Cal Wayne, Appellants, Ed McGrew and Lloyd Tyler, Defendants.

Court of Appeals of Oregon.

Decided August 5, 1987.

Reconsideration Denied September 25, 1987.

Review Denied October 27, 1987.

Attorney(s) appearing for the Case

Karen C. Allan, Medford, argued the cause for appellants. With her on the briefs was Foster & Purdy, Medford.

Walter D. Nunley, Medford, argued the cause and filed the brief for respondents.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.

WARDEN, Presiding Judge.

Plaintiffs brought this action for the unpaid balance on a promissory note executed in their favor by defendants. Defendants Hadley, Payne, Ellis, Wayne and McGrew1 counterclaimed for damages flowing from plaintiffs' alleged failure to pay off a note and mortgage held by a bank. The trial court granted summary judgment for plaintiffs both on their claim and defendants' counterclaim. Defendants appeal. We reverse...

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