MAGILL v. SCHWARTZ

99-2200; A110704.

105 P.3d 867 (2005)

197 Or. App. 334

Frederick S. MAGILL, Appellant, v. Benjamin Ira SCHWARTZ, Respondent.

Court of Appeals of Oregon.

Decided February 2, 2005.


Attorney(s) appearing for the Case

Billy M. Sime, Salem, argued the cause for appellant. With him on the briefs was Parks, Bauer, Sime, Winkler & Fernety LLP.

Frank H. Hilton, Jr., Portland, argued the cause for respondent. With him on the brief were Brian Talcott, Portland, and Dunn Carney Allen Higgins & Tongue LLP.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

Plaintiff appeals from a foreclosure judgment. Plaintiff's sole assignment of error is that the trial court erred in ruling that a loan extension agreement between the parties was not definite enough to be specifically enforced. We affirm.

Defendant made an unsecured loan of $20,000 to Baypack Fisheries, LLC, a company in which plaintiff owned a 24 percent interest and in which defendant owned about a three percent interest. Shortly thereafter...

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