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  5. 771 P.2d 619 (1989)
 

SUMNER v. ENERCON DEVELOPMENT COMPANY

TC 31735; CA A40765; SC S35541.

771 P.2d 619 (1989)

307 Or. 579

Jack SUMNER and Sharon Sumner, Husband and Wife, Petitioners On Review, 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 North-West Overseas, Inc., an Oregon Corporation, Defendants, and Howco Investment Corporation, an Oregon Corporation, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided April 4, 1989.

Reconsideration Denied May 16, 1989.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause and submitted the brief, for petitioners on review.

Jeffrey M. Batchelor, Portland, argued the cause for the respondent on review. With him on the response to the petition were O. Meredith Wilson, Jr., & Spears, Lubersky, Bledsoe, Anderson, Young, Hilliard, Portland.

VAN HOOMISSEN, Justice.

The issue in this case is whether ORS 88.070 bars a purchase money mortgagee from collecting the amount of a deficiency from a guarantor of the mortgagor's obligations. The Court of Appeals held that the statute bars recovery. Sumner v. Enercon Development Company, 92 Or.App. 406, 759 P.2d 286 (1988). We disagree, and reverse the decision of the Court of Appeals...

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