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PERCY v. MILLER ET AL.

197 Or. 230 (1952)

251 P.2d 463

PERCY v. MILLER ET AL.

Supreme Court of Oregon.

Reversed with directions December 19, 1952.

Petition for rehearing denied February 4, 1953.

Attorney(s) appearing for the Case

Norman K. Winslow, of Salem, argued the cause for appellants. With him on the brief was W.C. Winslow, of Salem.

Stuart W. Hill argued the cause for respondent. On the brief were Kerr & Hill and W.G. Keller, of Portland.

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

REVERSED WITH DIRECTIONS.

TOOZE, J.

This is a suit for the specific performance of a written contract for the exchange of lands, brought by R.G. Percy, as plaintiff, against Floyd G. Miller, Louise M. Miller, and Evelyn Miller, as defendants. A decree was entered in favor of plaintiff. Defendants Floyd G. Miller and Louise M. Miller appeal.

On and prior to October 10, 1948, plaintiff R.G. Percy and Mary S....

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