Gregory v. Novak

Plaintiffs appeal a summary judgment dismissing their claims for deceit and breach of contract. We review to determine whether, viewing the facts in the light most favorable to plaintiffs, the non-moving parties, there is no genuine issue of material fact, and defendants are entitled to judgment as a matter of law. Park v. Hoffard, 315 Or 624, 627, 847 P2d 852 (1993). We reverse the summary judgment as it relates to plaintiffs’ claim for deceit, and otherwise affirm.

Prior to 1989, defendants owned an apartment complex, known as the Crest Apartments (the complex), which included a swimming…