ZERKEL v. LINDSEY


528 P.2d 1041 (1974)

Frank C. ZERKEL and Mildred E. Zerkel, Husband and Wife, Appellants, v. Jack LINDSEY and Carolyn Lindsey, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 21, 1974.


Attorney(s) appearing for the Case

Paul Jolma, Clatskanie, argued the cause and filed briefs for appellants.

Nicholas D. Zafiratos, Astoria, argued the cause and filed a brief for respondents.

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


SLOPER, Justice (Pro Tempore).

This is an appeal by Frank C. Zerkel and Mildred E. Zerkel, husband and wife, as the sellers of certain real property, under a land sale contract, from a decree of the circuit court entered in favor of the defendants, Jack Lindsey and Carolyn Lindsey, husband and wife, buyers, dismissing plaintiffs' complaint and supplemental complaint. Plaintiffs' complaint seeks strict foreclosure for default in payment of the January 1973 installment...

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