COMMERCE MORTGAGE CO. v. INDUSTRIAL PARK

A8212-07708; CA A48207.

791 P.2d 132 (1990)

101 Or.App. 345

In re Industrial Park Co. COMMERCE MORTGAGE CO., Plaintiff, v. INDUSTRIAL PARK Co., a Joint Venture Comprised of Gerald L. Miller and Donald L. Nelson, Dba Miller & Nelson Investment Co. and Jerry L. Ivy, Respondent-Cross-Appellant, John Nelson; Mitchell and Nelson Associates; Barry L. Adamson; Donald Zarosinski; Zarosinski-Tatone Engineers, Inc.; Marlene Ivy; Carol Miller; Lila Nelson; John A. Schrag & Son, Inc.; Grand Metals Product Corp.; Fireguard Sprinkler Systems, Inc.; D & F Plumbing; Columbia Pacific Bank and Trust; J.A. Wiley Co.; R.A. Heintz Construction Co.; United States Bank of Oregon; Albert R. Kenney, Jr.; Taw-Ran Enterprises, Dba Metro Heating & Air Conditioning Service; Bohm Electric, Inc.; Windsor Travel; the Pantry; Beaver Venture; Lost Creek; Overseas Technology; Spec Industries; Executone of Oregon; Bob Carlson, Inc.; Ross Richards Corp.; Domenico, Inc.; Hall Investment; U.S. Assembly, Inc.; Liberty Contracting Company; Clackamas Partners, Ltd.; and Raymond J. Kittleson, Defendants, and Milton O. Brown, Individually and As Successor to the Claim of Raymond J. Kittleson, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided April 25, 1990.

Reconsideration Allowed June 27, 1990.


Attorney(s) appearing for the Case

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

Jacob Tanzer, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Ball, Janik & Novack, Portland.

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


BUTTLER, Presiding Judge.

Brown and Kittleson (defendants) formed a joint venture with Industrial Park Co. (IPCO) for the development of 15 acres in Wilsonville. Defendants had been purchasing the property under contract from Edwards Industries, Inc. They had previously obtained a release of two acres from Edwards and had conveyed them to Brady, who had provided the money for the release. Under the terms of the written joint venture agreement, defendants were to obtain...

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