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ZIEMANN v. SHINE

TC 48562; SC 25563.

586 P.2d 348 (1978)

284 Or. 267

John O. ZIEMANN, Appellant, v. Sherman SHINE, Respondent.

Supreme Court of Oregon, Department 2.

Decided November 15, 1978.

Attorney(s) appearing for the Case

William B. Murray, Portland, argued the cause and filed briefs for appellant.

Willard Bodtker, Albany, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.

LINDE, Justice.

In a contract executed in 1971, plaintiff agreed to buy and defendant to sell the "mineral rights and mining claims together with all equipment and machinery now located upon the said mines or appurtenant thereto" at six named locations in Idaho for $25,000, with a downpayment of $5,000 and annual instalments ending in 1979. The agreement contained the following provisions:

It is expressly agreed...

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