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SALTMAN v. DUNHAM

241 Or. 399 (1965)

406 P.2d 153

SALTMAN ET AL v. DUNHAM

Supreme Court of Oregon.

Affirmed September 29, 1965.

Attorney(s) appearing for the Case

Gunther F. Krause, Portland, argued the cause for appellant. With him on the brief were Fredric R. Merrill and Krause, Lindsay & Nahstoll, Portland.

Gerald Robinson, Portland, argued the cause and filed the brief for respondent.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

HOLMAN, J.

Plaintiffs and defendant entered into a written agreement whereby plaintiffs were given an option for approximately two years to purchase defendant's real property for $50,000. Five thousand was to be paid upon the exercise of the option and the balance was to be paid monthly. The option contained the following provision:

"This option is predicated on the understanding that Saltman Miller [plaintiffs] will be able to sublet the...

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