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ALPINE MOUNTAIN HOMES v. BEAR CREEK HOMES

01-3072-L-3; A121618.

122 P.3d 111 (2005)

202 Or. App. 390

ALPINE MOUNTAIN HOMES, INC., an Oregon corporation, Respondent, v. BEAR CREEK HOMES, INC., an Oregon corporation; Lonny Lee and Kim Lee, Appellants.

Court of Appeals of Oregon.

Decided October 26, 2005.

Attorney(s) appearing for the Case

W.V. Deatherage argued the cause for appellants. With him on the brief was Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C.

Walter L. Cauble, Grants Pass, argued the cause for respondent. With him on the brief was Schultz, Salisbury, Cauble & Dole.

Before HASELTON, Presiding Judge, and ORTEGA and ROSENBLUM, Judges.

ORTEGA, J.

Defendants appeal a summary judgment in favor of plaintiff. They contend that the trial court erred not only in awarding summary judgment to plaintiff on its breach of contract claim but also in denying defendants' cross-motion for summary judgment. Both sides contend that their interpretation of their contract is the only reasonable interpretation. However, because the contract is ambiguous, neither party was entitled to summary judgment. Accordingly,...

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