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MERIT v. LOSEY

194 Or. 89 (1952)

240 P.2d 933

MERIT v. LOSEY ET AL.

Supreme Court of Oregon.

Affirmed as modified February 14, 1952.

Petition for rehearing denied March 5, 1952.

Attorney(s) appearing for the Case

Hugh B. Collins and Warren G. Lesseg, of Medford, argued the cause and filed a brief for appellant.

Edward C. Kelly, of Medford, argued the cause and filed a brief for respondent Pauline B. Losey.

Before BRAND, Chief Justice, and HAY, ROSSMAN, and LUSK, Justices.

AFFIRMED AS MODIFIED.

HAY, J.

This is a suit in which plaintiff, Thomas E. Merit, sought a declaratory judgment to determine the respective legal rights, status, and legal relations of himself and each of the defendants under a contract of sale of real property.

The complaint alleges that, prior to March 30, 1945, plaintiff and defendant Pauline B. Losey had become betrothed; that, on said date, in contemplation of marriage with said defendant, plaintiff...

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