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CARRIGG v. FACKRELL

No. 99554; CA 13981.

606 P.2d 636 (1980)

44 Or.App. 413

John CARRIGG and Eileen Carrigg, Husband and Wife, Appellants, v. Dale O. FACKRELL and Mary Fackrell, Husband and Wife; Ralf H. Erlandson and Patricia A. Erlandson, Husband and Wife; Mobil Oil Corporation, a Foreign Corporation; and John Finlay, Defendants, Anthony F. Murty; Benedict P. Murty; Ankeny Hill Development Co., an Oregon Corporation; and Mira Monte Farms, Inc., an Oregon Corporation, Formerly Known As Ogden Farms, Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Thomas B. Brand, Salem, argued the cause for appellants. With him on the brief was Brand, Lee, Ferris & Embick, Salem.

Phillip R. Muir, Portland, argued the cause and filed the brief for respondents Ankeny Hill Development Co., and Mira Monte Farms, Inc.

Respondents Anthony F. Murty and Benedict P. Murty waived appearance.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

Plaintiff sellers brought this suit for strict foreclosure of a land sale contract, alleging inter alia that defendants failed to pay the balance of the purchase price when due. Plaintiffs appeal from the trial court's decree in favor of defendants. We reverse and remand.

In December, 1971, plaintiffs and defendants Dale and Mary Fackrell and Ralf and Patricia Erlandson entered into a contract for the sale of certain real property...

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