BRYANT v. MORITZ

No. 8509-05638; CA A48469.

776 P.2d 1299 (1989)

97 Or.App. 481

Richard BRYANT and Susan Bryant, Respondents, v. James P. MORITZ and Gladys S. Finsass, Respondents. Glenn H. Prohaska, Richard H.A. Piper and Warren B. Mitchell, Appellants, v. J.A. Atwood Corporation, Third Party Defendant, and American Federal Savings and Loan Association, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided July 12, 1989.

Reconsideration Denied August 25, 1989.


Attorney(s) appearing for the Case

Fred Kopatich, Portland, filed the briefs for appellants.

Lee A. Hansen and Brown & Hansen, Portland, filed the brief for respondents Richard and Susan Bryant.

Ron D. Ferguson, Tualatin, filed the brief for respondents James Moritz and Gladys Finsass.

No appearance for intervenor-respondent American Federal Sav. and Loan Ass'n.

Before GRABER, P.J., JOSEPH, C.J., and EDMONDS, J.


GRABER, Presiding Judge.

Defendants Prohaska, Piper, and Mitchell (PP & M) appeal from a judgment that awarded plaintiffs damages of $10,750 for PP & M's breach of the covenant of title in the special warranty deed by which they conveyed a lot and a house to plaintiffs. PP & M assert that the breach was actually of the covenant against encumbrances and that the proper amount of damages is only $100. We modify the judgment for plaintiffs to reduce their...

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