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COLE v. CLARK

241 Or. 292 (1965)

404 P.2d 194

405 P.2d 632

COLE v. CLARK ET UX

Supreme Court of Oregon.

Reversed and remanded July 15, 1965.

Opinion modified September 10, 1965.

Attorney(s) appearing for the Case

Theodore S. Bloom, Portland, argued the cause for appellant.

Ervin L. Kincaid, Eugene, argued the cause for respondents. With him on the brief was William Bartle, Eugene.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and HOLMAN, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is a suit in equity in the nature of a suit to foreclose an assignment of an executory contract for the sale of land given as security for the payment of $7,000 alleged to have been owed by defendants to plaintiff as trustee for Grady G. Gooch. Plaintiff appeals from a judgment of involuntary nonsuit.

Defendant Lucille V. Clark and her former husband, Grady G. Gooch, were divorced and defendant was awarded...

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