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MOYER v. GRAHAM

238 Or. 522 (1964)

395 P.2d 175

MOYER ET AL v. GRAHAM ET AL

Supreme Court of Oregon.

Affirmed September 10, 1964.

Petition for rehearing denied October 13, 1964.

Attorney(s) appearing for the Case

Robert W. DeArmond, Salem, argued the cause and filed briefs for appellant Margaret Ramseyer. With him on the briefs were DeArmond & Sherman and Burt & Ertsgaard, Salem.

Charles D. Burt, Salem, argued the cause and filed briefs for appellants Donald W. Ramseyer and Lois Ramseyer. On the briefs were Burt & Ertsgaard and DeArmond & Sherman, Salem.

No appearance for appellant, Jack Graham, administrator of the estate of Ivan C. Ramseyer, deceased.

John R. Latourette, Portland, argued the cause for respondents. With him on the brief were Latourette, Latourette & Dickinson, Portland and John H. Hall, Newport, for respondents Moyer; Mautz, Souther, Spaulding, Kinsey & Williamson and Raymond P. Underwood, Portland, for intervenor-respondent, Pope & Talbot, Inc.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN and GOODWIN, Justices.

AFFIRMED.

SLOAN, J.

Plaintiffs-purchasers were awarded damages in this action for breach of a contract for the sale of real property. The contract of sale was one which had given plaintiffs possession of the property prior to full payment and delivery of title. The contract also contemplated that plaintiffs would erect a mill, construct roads and build a railroad siding and make other improvements before title was...

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