COMBS v. LOEBNER

CC A8809-05093; CA A62836; SC S38391.

846 P.2d 401 (1993)

315 Or. 444

Charles H. COMBS and Rosada K. Combs; and Transamerica Title Insurance Company, a California corporation, Petitioners on Review, v. Mark E. LOEBNER, Respondent on Review. Mark E. LOEBNER, Counterclaim Plaintiff, Respondent on Review, v. TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, and Charles H. Combs and Rosada K. Combs, Counterclaim Defendants, Petitioners on Review.

Supreme Court of Oregon, In Banc.

Decided March 4, 1993.


Attorney(s) appearing for the Case

Don G. Carter, of McEwen, Gisvold, Rankin & Stewart, Portland, filed the petition and argued the cause for petitioners on review.

Robert J. Ericsson, of Ericsson & Ericsson, Portland, argued the cause for respondent on review. With him on the response was William Lewis, Portland.


CARSON, Chief Judge.

This case involves a vendor's failure to convey all the land described in a land sale contract. At the time the contract was formed, both vendor and purchasers were mistaken as to what land vendor owned, and neither made use of available information to discover their mistake until after purchasers had relied on the erroneous contract description by initiating construction of a house. A jury, instructed that purchasers must use reasonable care...

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