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ARTER v. SPATHAS

A8511-07160 and A8509-05567; CA A46634 (Control) and A47197.

779 P.2d 1066 (1989)

98 Or.App. 362

Paul W. ARTER and Theodora Arter, Respondents, v. John T. SPATHAS and Patricia A. Spathas, Respondents, and William Skourtes and Marianelly Skourtes, Appellants. William E. Skourtes and Marianelly Skourtes, Appellants, v. John T. Spathas, Patricia A. Spathas, and Thomas John Spathas, and Spathco, Inc., Respondents.

Court of Appeals of Oregon.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Marvin S. Nepom, Portland, argued the cause and filed the briefs for appellants.

John F. Reynolds, Portland, argued the cause and filed the brief for respondents, Paul W. Arter and Theodora Arter.

Vincent A. Deguc, Beaverton, argued the cause and filed the brief for respondents, John T. Spathas, Patricia A. Spathas, Thomas John Spathas and Spathco, Inc.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

These two causes of action concerning the sale of two Dairy Queen restaurants were consolidated for trial and on appeal. We affirm in part and reverse in part.

Both restaurants were owned by Paul and Theodora Arter (Arter), who sold them on installment contracts to John and Patricia Spathas (Spathas) in January, 1980. The businesses were located on land owned by and leased from entities...

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