Sumner v. Enercon Development Co.

This case is before v. on remand from the Supreme Court to decide whether the trial court erred when it found that plaintiffs’ breach of their land sale contract with Enercon Development Company (Enercon) released the guarantor, Howco Investment Corporation (HIC).1

The underlying facts are set out in our former opinion, Sumner v. Enercon Development Company, 92 Or App 406, 759 P2d 286 (1988), rev’d 307 Or 579, 771 P2d 619 (1989), and will not be repeated here. We held that, when plaintiffs elected to foreclose their purchase money mortgage, they were precluded thereafter from seeking recovery…