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ESTATE OF BOCEK v. GREENTREE DEVELOPMENT

A8106-03289; CA A40012.

738 P.2d 1008 (1987)

86 Or.App. 320

The ESTATE OF Robert BOCEK, by and through Ruth Bocek, Personal Representative, Ruth Bocek, Individually, Donald E. Bocek, Clarice M. Bocek, Heritage Village, Inc., an Oregon Corporation, Appellants, v. GREENTREE DEVELOPMENT Co., an Oregon Corporation, Ponderosa Enterprises, Inc., an Oregon Corporation, Far West Federal Savings & Loan Association, of Portland, Oregon, a Corporation, Respondents.

Court of Appeals of Oregon.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Thomas S. Moore, Portland, argued the cause and filed the briefs for appellants.

Walter H. Sweek, Portland, argued the cause for respondents. With him on the brief were Thomas Sauberli and Vergeer, Roehr & Sweek.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiffs appeal from a summary judgment in favor of defendants. Plaintiffs claim damages for breach of an alleged agreement in which they consented to the foreclosure of a mortgage in return for a promise not to seek a deficiency judgment against them personally.1 Defendant Far West Federal Savings & Loan Association (Far West) held the mortgage.2 The trial court held that a ruling in an...

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