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COMBS v. LOEBNER

A8809-05093; CA A62836.

814 P.2d 531 (1991)

108 Or.App. 85

Charles H. COMBS and Rosada K. Combs; Transamerica Title Insurance Company, a California Corporation, Appellants, v. Mark E. LOEBNER, Respondent. Mark E. Loebner, Counterclaim Plaintiff-Respondent, v. Transamerica Title Insurance Company, a California Corporation, and Charles H. Combs and Rosada K. Combs, Counterclaim Defendants-Appellants.

Court of Appeals of Oregon.

Decided July 3, 1991.

Reconsideration Denied September 25, 1991.

Review Allowed October 29, 1991.

Attorney(s) appearing for the Case

Janice M. Stewart, Portland, argued the cause for appellants. With her on the briefs were Sara V. Fraser and McEwen, Gisvold, Rankin & Stewart, Portland.

Robert J. Ericsson, Portland, argued the cause for respondent. With him on the brief were Julie K. Bolt and Martin, Bischoff, Templeton, Ericsson & Langslet, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs Combs and defendant entered into a contract, drafted by plaintiff Charles Combs, an attorney, by which the Combses purchased real property from defendant, on which they planned to build a house. Plaintiff Transamerica Title Insurance Company (Transamerica) issued a preliminary title report and also insured the Combses' title. The property description in the report was inaccurate in that part of the described property had been...

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