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4F2C v. PACIFIC HEALTH FACILITIES

A8507-04149; A8602-00752; CA A40333 (Control); CA A40334.

752 P.2d 1221 (1988)

90 Or.App. 288

4F2C, a Partnership Comprised of Richard T. Foster, Barbara J. Foster, William A. Foster, Elsa J. Foster, Gene J. Chapin and Julia A. Chapin; and Able Corporation, an Oregon Corporation, Appellants, v. PACIFIC HEALTH FACILITIES, a Partnership Comprised of Fuhrman Development Co., an Oregon Corporation, Rolph Fuhrman, Gary S. Gunderson, John H. Bollons, Carl W. Poss, Jr., Wesley R. Rounds, Star Land Management Co., Inc., an Oregon Corporation, and Elaine M. Bollons, Personal Administrator and Successor in Interest to John H. Bollons; and Donald R. Wyant, Sr., Martin Peterson, Gary W. Pederson, and Mark P. Sammis, Respondents. 4F2C, a Partnership Comprised of Richard T. Foster, Barbara J. Foster, William A. Foster, Gene J. Chapin and Julia A. Chapin; and Able Corporation, an Oregon Corporation, Appellants, v. Pacific Health Facilities, a Partnership Comprised of Gary S. Gunderson, Carl W. Poss, Jr., Star Land Management Co., Inc., an Oregon Corporation, and Elaine M. Bollons, Personal Administrator and Successor in Interest to John H. Bollons, Respondents.

Court of Appeals of Oregon.

Decided April 6, 1988.

Reconsideration Denied June 3, 1988.

Attorney(s) appearing for the Case

William L. Hallmark, Portland, argued the cause for appellants. With him on the brief were Hallmark, Griffith & Keating, P.C., Fred L. Kopatich and Allen, Kilmer, Schrader, Yazbeck & Chenoweth, P.C., Portland.

Jacob Tanzer, Portland, argued the cause for respondents Pacific Health Facilities, a partnership comprised of Fuhrman Development Co., Rolph Fuhrman, Gary S. Gunderson, John H. Bollons, Carl W. Poss, Jr., Star Land Management Co., Inc. and Elaine M. Bollons, personal administrator and successor in interest to John H. Bollons; Donald R. Wyant, Sr., Martin Peterson, Gary W. Pederson, and Mark P. Sammis. With him on the brief were Ball, Janik & Novack, Portland.

No appearance for respondent Wesley R. Rounds.

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

WARREN, Judge.

These cases arise out of a dispute between Able Corporation and its successor, 4F2C (Able), and Pacific Health Facilities (PHF), concerning the interpretation of separate lease and purchase option agreements entered into between Able and PHF. In 1973, Able sold a five-acre tract of land in Portland to PHF for $50,000. In January, 1975, Able entered into separate lease and purchase option agreements with PHF. The lease provided that PHF would construct...

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