Seger v. Drews

Plaintiffs appeal a summary judgment granted to defendant on their claim for damages to their real property. They argue that the court erred in holding that there was an accord and satisfaction as a matter of law. We reverse.

Because a summary judgment was granted to defendant, we view the facts in the light most favorable to plaintiffs and determine whether summary judgment was proper as a matter of law. Seeborg v. General Motors Corporation, 284 Or 695, 699, 588 P2d 1100 (1978). Defendant, an adjoining landowner, entered plaintiffs’ property and cut down several trees to improve the view…