White v. Goth

BYERS, S. J.

Plaintiffs appeal from a judgment barring them from recovering on loans made to defendants. Plaintiffs assign error to the trial court’s use of judicial estoppel and to one of its findings of fact. Our review is limited to errors of law and whether the trial court’s decision is supported by the evidence. See Billingworth v. Bushong, 297 Or 675, 694, 688 P2d 379 (1984). For the reasons set out below, we reverse.

Plaintiffs made a series of loans to defendants Christine and Mark Goth, their daughter and son-in-law between 1992 and 1998. Some of the funds were used to start and…