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WALDORF v. ELLIOTT

214 Or. 437 (1958)

330 P.2d 355

WALDORF v. ELLIOTT

Supreme Court of Oregon.

Affirmed October 16, 1958.

Attorney(s) appearing for the Case

J.R. Campbell, John Day, argued the cause for appellant. On the briefs were Yokom & Campbell, John Day.

Roy Kilpatrick, Canyon City, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, McALLISTER and SLOAN, Justices.

AFFIRMED.

PERRY, C.J.

On January 7, 1956, the plaintiff and his wife and the defendant and his wife contracted for the exchange of their properties. The plaintiff was to receive defendant's lands in Idaho; the defendant was to receive plaintiff's land in Oregon. The written contract contained no reference to the grain tanks in question. Subsequent to the making of the contract and during the period in which defendant...

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