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JONES v. KUHN

No. 37163; CA A20146.

650 P.2d 999 (1982)

59 Or.App. 135

Harriet E. JONES and Mabel F. Holliday, Appellants, v. Donald D. KUHN, Mary E. Kuhn, Donald H. Kuhn, and Donald D. Kuhn, Personal Representative of the Estate of Bertha M. Deyoe, Deceased, Respondents.

Court of Appeals of Oregon.

Decided September 15, 1982.

Reconsideration Denied October 27, 1982.

Attorney(s) appearing for the Case

Kris Jon Gorsuch, Salem, argued the cause for appellants. With him on the briefs were Daniel A. Ritter, and Harland, Ritter, Saalfeld & Griggs, Salem.

Robert M. Johnstone, McMinnville, argued the cause for respondent Donald D. Kuhn. With him on the joint consolidated brief was Cushing, Johnstone & Peterson, McMinnville.

D. Wesley Hamilton, Salem, argued the cause and filed a joint consolidated brief for respondent Donald H. Kuhn.

J. Ray Rhoten, Salem, argued the cause for respondent Mary E. Kuhn. With him on the joint consolidated brief was Rhoten, Rhoten & Speerstra, Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

JOSEPH, Chief Judge.

Plaintiffs brought an action under ORS 28.040 for declaratory relief to determine whether an option to purchase the family farm executed by their now deceased mother in favor of her conservator's son was lawful. The trial court entered an order dismissing their suit, and they appeal.

Defendants Donald D. Kuhn (Senior) and Mary E. Kuhn are the parents of defendant Donald H. Kuhn (Junior). Mary is the sister of plaintiffs. In the spring...

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