BROWN v. BRUNE

A8701-00206; CA A49409.

780 P.2d 763 (1989)

98 Or.App. 633

Milton O. BROWN, Appellant, v. Carolyn BRUNE, Personal Representative of the Estate of Donald E. Kettleberg, Deceased, Respondent.

Court of Appeals of Oregon.

Decided October 11, 1989.


Attorney(s) appearing for the Case

John M. Berman, Beaverton, argued the cause and filed the briefs for appellant.

Michael J. Gentry, Portland, argued the cause for respondent. With him on the brief was Tooze, Marshall, Shenker, Holloway & Duden, Portland.

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


WARREN, Judge.

This is a declaratory judgment action to determine the interest rate for the installment purchase of real property under the terms of a contract. Plaintiff appeals the trial court's ruling that the applicable interest rate is nine and one-half percent. We hold that the trial court erred and that the interest rate is seven and one-half percent.

Plaintiff and Kettleberg were business partners who signed a buy-sell agreement which provided that...

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