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ALBACHTEN v. MILLER ET UX

216 Or. 379 (1959)

339 P.2d 427

ALBACHTEN v. MILLER ET UX

Supreme Court of Oregon.

Reversed May 13, 1959.

Attorney(s) appearing for the Case

Philip A. Levin, of Portland, and James O. Goodwin, of Oregon City, argued the cause for appellant. With them on the brief were Jack, Goodwin & Santos, of Oregon City.

Ben T. Lombard, of Ashland, argued the cause for respondents. With him on the brief were Lombard & Cottle, of Ashland.

Before ROSSMAN, Presiding Justice, and PERRY, SLOAN and CRAWFORD, Justices.

REVERSED.

CRAWFORD, J. (Pro Tempore)

Plaintiff appeals from a decree denying specific performance of an option contract for the sale of real property in Jackson County, Oregon. The controversy involves interpretation of clauses in the option, reading: The optionors give the optionee "the exclusive right and option to purchase, on October 1, 1955, but not prior thereto, for the sum of TEN THOUSAND ($10,000.00) DOLLARS cash, the real property and leases described...

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