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SOURSBY v. HAWKINS

84-382-NJ-2; CA A38256.

743 P.2d 1155 (1987)

88 Or.App. 114

Randall Craig SOURSBY and Deborah Kathleen Soursby, Husband and Wife, Appellants, v. Kenneth L. HAWKINS and Kathleen Hawkins, Husband and Wife, Third Party Plaintiffs-Respondents. v. LEE THOMANN, Third Party Defendant and Fourth Party Plaintiff, v. Lawyers' Title Insurance Corp., a Virginia Corporation, Fourth Party Defendant.

Court of Appeals of Oregon.

Petition for Reconsideration August 5, 1987.

Attorney(s) appearing for the Case

Doug S. Gard, Medford, for petition. With him on the petition was Jackson County Legal Services, Medford.

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

On Respondents' Petition for Reconsideration August 5, 1987.

NEWMAN, Judge.

In our previous opinion, we stated (85 Or.App. 466, 471, 737 P.2d 145):

"Moreover, the exception for zoning ordinances that appeared in the earnest money receipt does not, as a matter of law, preclude plaintiffs' reliance on defendants' representation. That exception did not appear in the deed.[4] In ...

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