BASTASCH v. HANSEN

CV07050400; A139092.

246 P.3d 10 (2010)

239 Or. App. 325

John BASTASCH, Plaintiff-Respondent, v. Rebecca HANSEN and Jeff Hansen, Defendants-Appellants.

Court of Appeals of Oregon.

Decided December 8, 2010.


Attorney(s) appearing for the Case

Jonathan M. Radmacher , Portland, argued the cause for appellants. With him on the briefs was McEwen Gisvold LLP.

Melinda B. Wilde argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.


ARMSTRONG, J.

Defendants appeal the trial court's grant of summary judgment to plaintiff for specific performance of a loan agreement and option to purchase defendants' real property. Defendants argue that the agreement is unenforceable—and, therefore, summary judgment was improper—because it violates Oregon's usury laws, is unconscionable, and constitutes an unlawful penalty for breach of contract. As explained below, we conclude that the trial court...

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