ALDERMAN v. DAVIDSON

CC 94-00184CV; CA A91510; SC S44089.

954 P.2d 779 (1998)

326 Or. 508

Marlys V. ALDERMAN, now known as Vicki Alderman Forell, Respondent on Review, v. Christine A. DAVIDSON and Sharon Mallory, Petitioners on Review.

Supreme Court of Oregon.

Decided March 12, 1998.

Reconsideration Allowed April 15, 1998.


Attorney(s) appearing for the Case

Paul B. Heatherman, of Ray A. Babb & Associates, Bend, argued the cause and filed the petition for petitioners on review.

Donald R. Crane, Klamath Falls, argued the cause and filed the brief for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER, DURHAM and KULONGOSKI, JJ.


GILLETTE, Judge.

In this action to foreclose real property, the issue presented is whether seller's repeated acceptance of late installment payments on the principal of a note constitutes a waiver of seller's right to insist on buyer's timely payment of taxes on the property to the local taxing authority. The trial court held that such repeated acceptance of late payments does constitute a waiver; it therefore dismissed the foreclosure action. On an appeal by seller...

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