KIRBY v. DEPARTMENT OF REVENUE


488 P.2d 801 (1971)

John B. KIRBY and Marcella Kirby, Husband and Wife, Appellants, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent. F.W. Elder and Ruth Elder, Husband and Wife, Appellants, v. Department of Revenue, State of Oregon, Respondent.

Supreme Court of Oregon.

Decided September 22, 1971.


Attorney(s) appearing for the Case

David C. Silven, Baker, argued the cause for appellants. With him on the briefs were Banta, Silven, Young & Marlette, Baker.

Walter J. Apley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Donald C. Seymour, Asst. Atty. Gen., Salem.

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


BRYSON, Justice.

In June of 1960, plaintiffs John B. Kirby and F.W. Elder, as equal partners, purchased the Frying Pan Ranch in Malheur County, Oregon, for $150,000. The ranch consisted of 15,823 acres of land, Federal Bureau of Land Management permits covering 250,000 acres for cattle grazing, and a small amount of personal property.

On December 8, 1964, plaintiffs agreed, in writing, to sell the ranch to United Farms, a corporation, for $375,000. On January...

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