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HEIDER v. DIETZ

234 Or. 105 (1963)

380 P.2d 619

HEIDER v. DIETZ ET AL

Supreme Court of Oregon.

Affirmed April 10, 1963.

Attorney(s) appearing for the Case

Kenneth E. Shetterly and Jerome L. Noble, Dallas, argued the cause for appellant. With Noble on the brief were Hayter & Shetterly, Dallas.

Howard E. Parcel, Portland, argued the cause and filed a brief for respondents Dietz.

No appearance for respondent Otto W. Heider.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

GOODWIN, J.

This is an appeal from a decree which denied strict foreclosure of a land sale contract.

The controlling issue is whether the doctrine of equitable conversion applies to the factual situation outlined below.

In 1951, Cecil and Anna Smith sold the land involved in this suit under a title-retaining contract. The original contract purchasers were Albert and Lorraine Valle. Shortly after entering into the contract with the...

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