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SUMNER v. ENERCON DEVELOPMENT CO.

31735; CA A40765.

759 P.2d 286 (1988)

92 Or.App. 406

Jack SUMNER and Sharon Sumner, Husband and Wife, Appellants, v. ENERCON DEVELOPMENT COMPANY, a Joint Venture of Coday-Cross Resource Development Corporation, a Dissolved Oregon Corporation, and Howco Development Corporation, an Oregon Corporation, Jerry F. Coday, Carole Coday, Richard El Cross, Howard-Cooper Corporation, an Oregon Corporation, and Northwest Overseas, Inc., an Oregon Corporation, Defendants, and Howco Investment Corporation, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 10, 1988.

Reconsideration Denied September 23, 1988.

Review Allowed October 13, 1988.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause and filed the brief for appellants.

Jeffrey M. Batchelor, Portland, argued the cause for respondent. With him on the brief were O. Meredith Wilson, Jr., and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

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

BUTTLER, Presiding Judge.

In this action for breach of a guaranty, plaintiffs appeal from a judgment for defendant Howco Investment Corporation (HI Corp), assigning error to the trial court's conclusion of law that they had discharged HI Corp from all liability under its guaranty of payments secured by a purchase money mortgage from Enercon when they elected to foreclose the mortgage. They also assign error to the court's finding that they had breached their contract...

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