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McCORMACK v. E.E. McCORMACK CO.

239 Or. 264 (1964)

397 P.2d 198

McCORMACK ET UX v. E.E. McCORMACK CO., INVESTMENT SERVICE CO.

Supreme Court of Oregon.

Affirmed as modified December 16, 1964.

Attorney(s) appearing for the Case

Robert H. Huntington, Portland, argued the cause for appellant. With him on the briefs were Rockwood, Davies, Biggs, Strayer and Stoel, Portland.

C.E. Wheelock, Portland, argued the cause for plaintiffs-respondents. On the brief were Wheelock, Richardson, Niehaus & Baines, Portland.

Before PERRY, Presiding Judge, and SLOAN, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED AS MODIFIED.

PERRY, J.

The plaintiffs E.E. McCormack and Caroline McCormack brought this suit to foreclose a contract of sale wherein plaintiffs agreed to sell to the E.E. McCormack Co., a corporation, a plant manufacturing concrete products.

It is conceded on this appeal that the defendant E.E. McCormack Co. breached the sales agreement with plaintiffs and that foreclosure was properly decreed.

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