Shirley v. Tolbert

This case is before us on remand from the Oregon Supreme Court, 327 Or 98, 957 P2d 147 (1998), to reconsider in light of Alderman v. Davidson, 326 Or 508, 954 P2d 779 (1998). We reverse and remand for further proceedings.

In our original opinion, Shirley v. Tolbert, 149 Or App 717, 945 P2d 567 (1997), we rejected the defendant buyer’s argument that plaintiffs, the sellers, had waived their right to foreclose on the basis of a tax deficiency because they had accepted late installment payments after they knew or should have known that the taxes were delinquent. 149 Or App at 721-26. In so…