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EARLS v. CLARKE

223 Or. 527 (1960)

355 P.2d 213

EARLS ET UX v. CLARKE ET AL, THE GUARANTY CO., INC.

Supreme Court of Oregon.

Affirmed September 7, 1960.

Attorney(s) appearing for the Case

John E. Walker, Portland, argued the cause and filed a brief for appellant.

Warde H. Erwin, Portland, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and WARNER, O'CONNELL, GOODWIN and MILLARD, Justices.

AFFIRMED.

McALLISTER, C.J.

This suit was instituted by the plaintiffs, Emmett S. Earls and Mary W. Earls, his wife, ostensibly to foreclose a land sale contract entered into by plaintiffs, as sellers, and the defendant Pauline Betty Frye, as purchaser, and assigned by said purchaser to the defendant The Guaranty Co., Inc., hereinafter referred to as "Guaranty". However, during the trial the issue was narrowed to the sole question of whether Guaranty took the...

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