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THE TEXAS CO. v. BUTLER ET AL.

198 Or. 368 (1953)

256 P.2d 259

THE TEXAS COMPANY v. BUTLER ET AL.

Supreme Court of Oregon.

Affirmed April 29, 1953.

Attorney(s) appearing for the Case

Richard D. Sanders, of Pittsburg, California, argued the cause for appellants. With him on the brief were Marsh, Marsh & Dashney, of McMinnville.

Arthur S. Vosburg, of Portland, argued the cause for respondent. On the brief were Flegel, Vosburg, Joss & Hedlund, of Portland.

Before LATOURETTE, Chief Justice, and ROSSMAN, LUSK, TOOZE and PERRY, Justices.

AFFIRMED.

PERRY, J.

This is a suit for specific performance, brought by the plaintiff against the defendants. The plaintiff prevailed and the defendants appeal.

The facts in this case are that plaintiff, on June 10, 1940, entered into contract with Herbert T. Hacker and his wife, Henrietta M. Hacker, whereby it leased from the Hackers for a monthly cash rental certain real premises situated in the city of Astoria, Clatsop county, Oregon, upon which...

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