PARAGANO v. GRAY

9105-03260; CA A75511.

870 P.2d 837 (1994)

126 Or. App. 670

Nazario PARAGANO, Jacob Burstyn, Jesse S. Weissberg and Monroe Markovitz, Appellants-Cross-Respondents, v. John D. GRAY, George H. Killian and Edward L. Allis, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided March 9, 1994.


Attorney(s) appearing for the Case

Robert D. Bulkley, Jr., Portland, argued the cause for appellants-cross-respondents. With him on the briefs were David B. Markowitz and Markowitz, Herbold, Glade & Mehlhaf, P.C.

Thomas V. Dulcich, Portland, argued the cause for respondents-cross-appellants. With him on the briefs for respondents-cross-appellants Gray and Allis were Peter A. Ozanne and Schwabe, Williamson & Wyatt. With him on the briefs for respondent-cross-appellant Killian was Stephen J. Doyle.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.


De MUNIZ, Judge.

This is a declaratory judgment action involving a personal guaranty from plaintiffs to defendants of obligations arising from the 1986 sale of the Benj. Franklin Financial Center in Portland (the Center). The central dispute is whether the guaranty is for $1 million, as plaintiffs claim, or for $3 million, as asserted by defendants. Following a three-week trial, the jury found that there was a guaranty for $3 million and that plaintiffs were entitled...

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