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WEATHERFORD v. WEATHERFORD ET AL.

199 Or. 290 (1953)

257 P.2d 263

260 P.2d 1097

WEATHERFORD v. WEATHERFORD ET AL.

Supreme Court of Oregon.

Reversed with instructions May 20, 1953.

Petition for rehearing denied September 15, 1953.

Attorney(s) appearing for the Case

Wilber Henderson, of Portland, and John F. Kilkenny, of Pendleton, argued the cause for appellants. With them on the briefs were Raley, Kilkenny & Raley, of Pendleton.

William F. Bernard, of Portland, argued the cause for respondent. On the brief were Collier, Bernard, Bernard & Edwards, and Norman N. Griffiths, all of Portland.

Before LATOURETTE, Chief Justice, and LUSK, BRAND, and TOOZE, Justices.

REVERSED WITH INSTRUCTIONS.

LATOURETTE, C.J.

This is a suit for specific performance of an alleged option which plaintiff Marion T. Weatherford claims was given to him by his brother, the defendant H.R. Weatherford, to purchase what is known as The Morrison Field, containing 320 acres in Gilliam county. From a decree in favor of plaintiff, defendants appeal.

It is alleged in the complaint that prior to August...

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