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NEWTON ET UX. v. PEAY ET UX.

196 Or. 76 (1952)

245 P.2d 870

NEWTON ET UX. v. PEAY ET UX.

Supreme Court of Oregon.

Reversed June 25, 1952.

Petition for rehearing denied September 9, 1952.

Attorney(s) appearing for the Case

Charles E. Boardman, of Bend, argued the cause and filed a brief for appellants.

Charles R. Marsch, of Bend, argued the cause and filed a brief for respondents.

Before BRAND, Chief Justice, and HAY, LATOURETTE, WARNER and TOOZE, Justices.

REVERSED.

TOOZE, J.

This is a suit for specific performance of a written contract for the sale of land and for an abatement of the purchase price, brought by Eldridge M. Newton and Dorothy Newton, as plaintiffs, against R.W. Peay and Alice A. Peay, as defendants. Defendants filed an answer denying all the material allegations of plaintiffs' complaint, and a cross-complaint praying a decree of strict foreclosure of the contract. A decree was entered dismissing...

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