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SPAULDING v. McCAIGE

No. E-7170; CA 14177.

614 P.2d 594 (1980)

47 Or.App. 129

L. Clair SPAULDING and Sarah Spaulding, Plaintiff-Respondents, v. John E. McCaige and Barbara McCaige, Defendant-Respondents, and William E. Proksel and Luceille Proksel, Defendant-Appellants.

Court of Appeals of Oregon.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Paul J. Rask, Portland, argued the cause for defendant-appellants. With him on the brief were Richard A. Carlson and Law Offices of Paul J. Rask, P.C., Portland.

Milo Pope, Mount Vernon, argued the cause for plaintiff-respondents. With him on the brief was Kilpatricks & Pope, Mount Vernon.

Robert L. Nash, Bend, argued the cause for defendant-respondents. With him on the brief was Panner, Johnson, Marceau, Karnopp, Kennedy & Nash, Bend.

Before SCHWAB, C.J., and GILLETTE, WARDEN and WARREN, JJ.

SCHWAB, Chief Judge.

This suit for the specific performance of a contract to sell real property resulted in a decree in favor of the plaintiffs-buyers and a separate judgment requiring defendants Proksel to indemnify defendants McCaige for their litigation expenses. Defendants Proksel appeal.

This three-sided dispute is the result of two separate contracts to sell the same piece of property. The first contract, dated...

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