Medford Pacific v. Danmor Construction, Inc.

OPINION

FRYE, District Judge.

The matter before the court is the defendants’ motion for partial summary judgment (# 39).

FACTS

In 1974, the plaintiff, Medford Pacific, an Hawaiian limited partnership, responded to an advertisement placed by defendant Dan-mor Construction, Inc. (Danmor) which was seeking investors for the development of nursing home facilities.

Medford Pacific agreed to invest $325,000 in a Danmor project to finance, construct and operate a nursing home facility on a parcel of property in Medford, Oregon (the Medford property). The annual rate of return to Dan-mor on the investment…