PACKER v. WARDWELL

83-1-28; CA A42059.

744 P.2d 1312 (1987)

88 Or.App. 236

Darrell PACKER, Appellant, v. Devon E. WARDWELL, Jr., and Selma Wardwell, Respondents, William J. Klausman; United States of America, Internal Revenue District for Portland; and Tri-County Industrial Park, an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided November 12, 1987.


Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause and filed the briefs for appellant.

Phillip A. David, Portland, argued the cause for respondents. With him on the brief was Williams, Kastner & Gibbs, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Plaintiff brought this action for foreclosure of a mortgage given by defendant Devon Wardwell to secure payment of a note. The trial court concluded that the note was usurious and, pursuant to former ORS 82.120(5), voided defendant's obligation to pay interest on the note. The court applied all of defendants' payments on the note to the outstanding principal and entered judgment in favor of plaintiff for the amount of the remaining...

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