CUSICK v. MEYER

A8601-00306; CA A48116.

779 P.2d 198 (1989)

98 Or.App. 358

G. Michael CUSICK and Christine B. Cusick, Husband and Wife, Respondents, v. Joe K. MEYER and Jane Fisher Meyer, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Argued and Submitted May 31, 1989.


Attorney(s) appearing for the Case

Wade Regier, Portland, argued the cause for appellants. With him on the briefs was Gary M. Bullock, Portland.

Sarah Ryan, Portland, argued the cause for respondents. With her on the brief were Jacob Tanzer, Ball, Janik & Novack, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


PER CURIAM.

Defendants appeal and assign as error the granting of plaintiffs' summary judgment motion on their ejectment claim.1 We reverse because there are several questions of fact.

The affidavit of one of the plaintiffs raises a genuine issue of material fact as to whether plaintiffs knew that the property had been partitioned when the deeds were executed. Under plaintiffs' construction of the agreement, the partition could...

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