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JOHNSON v. CRADDOCK ET AL

228 Or. 308 (1961)

365 P.2d 89

JOHNSON v. CRADDOCK ET AL

Supreme Court of Oregon.

Affirmed September 27, 1961.

Attorney(s) appearing for the Case

W.F. Schroeder, Vale, argued the cause for appellant. On the briefs were W.F. Bardwell, Burns, and Lytle, Schroeder & Denning, Vale.

Michael S. Mogan, Burns, argued the cause for intervenors-respondents. On the brief were Irving C. Allen, District Attorney, Burns, and Waterman & Mogan, Burns.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

WARNER, J.

This is an action for a writ of mandamus. It is brought by petitioner Johnson to compel the Harney County Court to sell certain tax-foreclosed property to him. He claims as his right to such relief that the county contracted to sell the property to others, notwithstanding his larger bid for the same.

Defendants and intervenors successfully demurred to petitioner's amended alternative writ. Upon Johnson's refusal to plead further...

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