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SMITH v. HICKEY

No. 53936; CA 14824.

607 P.2d 787 (1980)

45 Or.App. 139

Darold SMITH, Appellant, v. James HICKEY, Respondent.

Court of Appeals of Oregon.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Myron L. Enfield, Salem, argued the cause for appellant. On the brief was Enfield & McConville, Salem.

Paul H. Kuebrich, Albany, argued the cause for respondent. With him on the brief was Roger H. Reid, Albany.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

JOSEPH, Presiding Judge.

In an action for specific performance of an irrevocable option granted in a lease between the parties, the trial court ruled that the failure of plaintiff to pay property taxes as agreed was a breach of the lease agreement and therefore denied the requested relief. Plaintiff assigns as errors: (1) failure to decree specific performance after defendant testified that he would have allowed plaintiff to execute the option; (2) the finding that...

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