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KINCAID v. FITZWATER

474 P.2d 742 (1970)

David G. KINCAID and Mary E. Kincaid, Husband and Wife, Appellants, v. W. Dean FITZWATER and Patsy R. Fitzwater, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 1.

Decided September 30, 1970.

Attorney(s) appearing for the Case

Frank L. Whitaker, Portland, argued the cause and filed briefs for appellants.

David C. Landis, Portland, argued the cause for respondents. On the brief were Misko, Njust & Bowerman, Oregon City, and Gearin, Hollister & Landis, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, and TONGUE, JJ.

McALLISTER, Justice.

This is a suit to foreclose a land sale contract in which the trial court found that defendants were in default, but refused to decree foreclosure. Plaintiffs appeal.

The contract, dated October 25, 1965, provided for the sale by plaintiffs to the defendants of a 31-acre residential tract in Clackamas County for $65,000, to be paid $10,000 down and the balance in monthly payments of not less than $300. The contract also required the payment...

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