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KINNAMAN v. BAILEY

241 Or. 634 (1965)

406 P.2d 145

KINNAMAN v. BAILEY ET UX

Supreme Court of Oregon.

Affirmed in part, reversed in part September 29, 1965.

Petition for rehearing denied November 23, 1965.

Attorney(s) appearing for the Case

George P. Winslow, Tillamook, argued the cause for appellant. On the briefs were Winslow & Winslow, Tillamook.

Douglas E. Kaufman, Tillamook, argued the cause for respondents. On the briefs were McMinimee & Kaufman, Tillamook.

Before McALLISTER, Chief Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED IN PART; REVERSED IN PART.

GOODWIN, J.

Plaintiff in 1953 sold her dairy farm to the defendants under a contract which has been rendered, by changing marketing conditions in the dairy industry, both ambiguous and obsolete, at least from the point of view of the plaintiff. Plaintiff brought proceedings for a declaratory decree that would, if granted according to her prayer, require the defendants to increase their payments to her. She appeals from a...

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