AUERNHEIMER v. METZEN

87-CV-0188-JC; CA A49419.

783 P.2d 1027 (1989)

Wesley AUERNHEIMER, Appellant, v. Edward B. METZEN and Penelope Metzen, Husband and Wife, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted November 8, 1989.

Decided December 13, 1989.

Reconsideration Denied February 9, 1990.


Attorney(s) appearing for the Case

Thomas V. Bryant, Jr., Bend, argued the cause and filed the briefs for appellant.

John A. Berge, Bend, argued the cause for respondents. With him on the brief were Gregory P. Lynch and Gray, Fancher, Holmes & Hurley, Bend.


Resubmitted In Banc November 8, 1989.

RIGGS, Judge.

Plaintiff appeals from a judgment denying him strict foreclosure of a land sale contract. The trial court held that plaintiff had waived his right to foreclose by accepting installment payments after he knew that defendants were delinquent in their obligation to pay property taxes. On de novo review, we affirm.

In April, 1985, plaintiff sold a parcel of real property to defendants by a land...

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