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MALLORY ET UX v. CHING

230 Or. 239 (1962)

369 P.2d 734

MALLORY ET UX v. CHING

Supreme Court of Oregon.

Reversed March 14, 1962.

Attorney(s) appearing for the Case

Robert M. Stults, Roseburg, argued the cause for appellant. On the brief were Stults and Jayne, Roseburg.

Edward M. Murphy, Roseburg, argued the cause for respondents. On the brief were Yates, Murphy and Carlson, Roseburg.

Before McALLISTER, Chief Justice, and WARNER, PERRY, SLOAN and BRAND, Justices.

REVERSED.

PERRY, J.

This is an action at law brought by the plaintiffs who are the owners of real property near Canyonville, Oregon, to recover a payment alleged to be due under an agreement of sale and purchase. Jury trial was waived and the cause tried to the court. The plaintiffs recovered and the defendant appeals.

1. The facts disclosed in the record are that plaintiffs listed their land for sale with a real estate broker in Roseburg. On the 29th...

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