Falkenstein v. Pishioneri

Plaintiff seller appeals the trial court’s judgment after granting defendant buyer a summary judgment dismissing plaintiffs action at law for breach of a land sale contract. ORCP 47B. We find that there are issues of material fact to be resolved and reverse and remand.

Plaintiff seeks to recover a balloon payment and installments past due on March 1, 1984, under a land sale contract. These are the facts gathered from the pleadings and affidavits. On November 28, 1980, plaintiff and defendant entered into a land sale contract 1 which provided for $3,000 to be paid on execution, $35,000 to be…