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FRONTGATE PROPERTIES, LLC v. BENNETT

Nos. 074633L2; A143401.

324 P.3d 483 (2014)

261 Or. App. 810

FRONTGATE PROPERTIES, LLC, an Oregon limited liability company, Plaintiff-Respondent, v. James L. BENNETT and James L. Bennett, Trustee of the Bennett Family Trust uad March 2, 1998, Defendants-Appellants, and Wood River Farms, Inc., an Oregon corporation and Gregory A. Walkup, Defendants.

Court of Appeals of Oregon.

Decided March 26, 2014.

Attorney(s) appearing for the Case

Clayton C. Patrick , Clatskanie, argued the cause and filed the briefs for appellants.

Kimberly S.T. Bolen , Medford, argued the cause for respondent. With her on the brief was William H. Fowler .

Before WOLLHEIM, Presiding Judge, and LAGESEN, Judge, and SCHUMAN, Senior Judge.

LAGESEN, J.

The issue in this appeal is whether the trial court correctly concluded that the doctrine of merger did not bar plaintiff's request for specific performance of an agreement by defendants Gregory A. Walkup and James L. Bennett1 to convey specified parcels of real property. Reviewing the trial court's factual findings to determine whether there is any evidence in the record to support them, and its ruling regarding the applicability...

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