COTTRELL ET UX. v. PRIER ET UX.


191 Or. 571 (1951)

231 P.2d 788

COTTRELL ET UX. v. PRIER ET UX.

Supreme Court of Oregon.

Allowed May 16, 1951.


Attorney(s) appearing for the Case

George E. Birnie, of Portland, for the motion.

Donald H. Joyce, of Portland, contra.


MOTION ALLOWED.

PER CURIAM.

This is a motion to dismiss an appeal. One ground of the motion, and the only one that needs to be considered, is that appellants have waived their right of appeal by accepting the benefits of the decree.

The suit is one in which the respondents, as vendees under a contract for the sale of realty, together with some personal property, obtained a decree of specific performance against the appellants. The decree, which was...

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