SMITH v. HAWKINS

83-08-8487-E; CA A35555.

733 P.2d 929 (1987)

84 Or.App. 336

Susan O. SMITH, Respondent, v. Vernie R. HAWKINS and Kay Hawkins, Husband and Wife, Appellants, United States of America, Internal Revenue Service; State of Oregon, Dept. of Employment; State of Oregon, Dept. of Revenue; Harney County, Oregon; and Also All Other Persons or Parties Unknown Claiming Any Right, Title, Lien or Interest in the Property Described in the Complaint Herein, Defendants.

Court of Appeals of Oregon.

Decided March 11, 1987.


Attorney(s) appearing for the Case

William F. Nichols, Nyssa, argued the cause for appellants. With him on the briefs was Stunz, Fonda, Pratt, Nichols & Kiyuna, Nyssa.

Stephen D. Finlayson, Burns, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and ROSSMAN and DEITS, JJ.


DEITS, Judge.

Plaintiff filed an action for strict foreclosure of defendants' interest under a land sale contract. Defendants counterclaimed for damages for breach of contract. The foreclosure action was bifurcated from the counterclaims and tried to the court, which granted strict foreclosure and entered summary judgment for plaintiff on defendants' counterclaims. We affirm.

On September 18, 1975, plaintiff sold ten acres of land near Burns to defendants...

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