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FOSS v. SIMMONEAU

16-81-05260; CA A37500.

732 P.2d 62 (1987)

83 Or.App. 433

Ronald P. FOSS, Appellant-Cross-Respondent, v. Ted R. SIMMONEAU, Ruth M. Simmoneau, and Safeco Title Insurance Company of Oregon, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied March 13, 1987.

Review Denied April 7, 1987.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause for appellant-cross-respondent. With him on the briefs was Harold D. Gillis, P.C., Eugene.

Thomas W. Brown, Portland, argued the cause for respondents-cross-appellants Ted R. Simmoneau and Ruth M. Simmoneau. With him on the brief were Cosgrave, Kester, Crowe, Gidley and Lagesen, Portland.

William J. Howe, III, Portland, argued the cause for respondent-cross-appellant Safeco Title Insurance Company of Oregon. With him on the brief were Howe and Harris, Portland.

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

VAN HOOMISSEN, Judge.

This is a real estate fraud case. The trial court granted defendants' motion for summary judgment. Additionally, the court awarded plaintiff damages. Plaintiff appeals. He contends that the court erred in granting defendants summary judgment. Defendants cross-appeal. They contend that the court had no authority to award plaintiff damages.

Plaintiff's amended complaint alleged that in October,...

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