LOUDERMILK v. HART

86-7-30696; CA A45018.

758 P.2d 397 (1988)

92 Or.App. 293

Jay W. LOUDERMILK and Judy A. Loudermilk, Husband and Wife, Respondents — Cross-Appellants, v. Stephen L. HART and Lynn G. Hart, Husband and Wife, Appellants — Cross-Respondents.

Court of Appeals of Oregon.

Decided August 3, 1988.


Attorney(s) appearing for the Case

Bruce E. Anderson, La Grande, argued the cause and filed the briefs for appellants — cross-respondents.

Phillip A. Mendiguren, La Grande, argued the cause and filed the brief for respondents — cross-appellants.

Before WARDEN, P.J., GRABER, J., and RIGGS, J. Pro Tem.


WARDEN, Presiding Judge.

Defendants appeal a judgment foreclosing their contract vendee's interest in an apartment house in LaGrande. Because we hold that the trial court incorrectly granted plaintiffs' motion for summary judgment, we reverse.1

The apartment building was partially burned in November, 1984, and defendants ultimately received $93,000 in insurance proceeds. The land sale contract required that defendants "apply all...

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