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FREEBORN v. DOW

A176414.

522 P.3d 549 (2022)

322 Or. App. 695

Robert L. FREEBORN and Donna Sue Freeborn, Plaintiffs-Appellants, v. Neal DOW, individually and Neal Dow Separate Property Trust, Defendants-Respondents, and Robert Harris et al., Defendants. Robert L. Freeborn and Donna Sue Freeborn, Plaintiffs, v. Western Title and Escrow Company and David Richardson, Defendants.

Court of Appeals of Oregon.

November 16, 2022.

Attorney(s) appearing for the Case

George W. Kelly , Eugene, argued the cause and filed the briefs for appellants.

Martin E. Hansen , Bend, argued the cause for respondents. Also on the brief were Christopher J. Manfredi and Francis Hansen & Martin LLP.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagán, Judge.

This appeal involves an alleged breach of contract regarding the sale of real property and requires us to consider whether the trial court correctly applied the merger doctrine to a deed that was contemplated as a condition antecedent to further obligations of the parties. The trial court granted summary judgment to defendant

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