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McIVER v. NORMAN

187 Or. 516 (1949)

205 P.2d 137

213 P.2d 144

McIVER v. NORMAN

Supreme Court of Oregon.

Argued on rehearing September 29, 1949.

Reargued March 16, 1949.

Former decision adhered to, reversed and remanded December 20, 1949.

Attorney(s) appearing for the Case

Robert O. Boyd and Thomas L. Gatch, of Portland, argued the cause for appellant. On the brief were Boyd, Ferris and Erwin, of Portland.

Walter H. Evans, Jr. of Portland, argued the cause for respondent. On the brief were Krause & Evans and C.W. Pecore, of Portland.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, BAILEY, HAY and PAGE, Justices.

KELLY, J.

On September 5, 1941, the parties hereto, plaintiff and defendant, executed the following written agreement:

"This is an agreement between William Norman and James W. McIver. Wherein they have entered into an agreement for the sole and exclusive purpose and restricted to title holding of a certain piece of property known as Lot 1 and the westerly fifteen (15) feet of Lot Two (2), in Block Two ...

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