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LYNCH ET AL. v. CLENDENEN

193 Or. 198 (1951)

237 P.2d 1084

LYNCH ET AL. v. CLENDENEN

Supreme Court of Oregon.

Reversed with directions November 21, 1951.

Attorney(s) appearing for the Case

William R. Thomas argued the cause for appellant and cross-respondent. On the briefs were Morley & Thomas, of Lebanon.

John D. Galey argued the cause for respondents and cross-appellants. On the brief were Galey & Galey, of Sweet Home, and Weatherford & Thompson, of Albany.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, WARNER and TOOZE, Justices.

REVERSED WITH DIRECTIONS.

WARNER, J.

Delmar J. Lynch and his wife, doing business as the L. & L. Lumber Company and the D.L.C. Lumber Company, a corporation (described in the complaint as an "associate" of the Lynches), bring this suit to compel specific performance of a contract made by and between the plaintiffs Lynch and the defendant, Leo Clendenen, on August 14, 1946.

For some time prior to that date, the defendant was the owner of timberland...

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