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PRINCE v. DIERKS

244 Or. 145 (1966)

416 P.2d 318

PRINCE ET UX v. DIERKS ET UX, THOMPSON ET AL

Supreme Court of Oregon.

Affirmed as modified June 29, 1966.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and submitted a brief for appellant Roland Barker.

George P. Winslow, Tillamook, argued the cause for appellants M.L. Schmidt and Beatrice Schmidt. On the briefs were Winslow & Winslow, Tillamook.

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

Before McALLISTER, Chief Justice, and PERRY, DENECKE, SCHWAB and HAMMOND, Justices.

AFFIRMED AS MODIFIED.

SCHWAB, J. (Pro Tempore).

This is a suit for strict foreclosure of a contract for the purchase of a dairy farm. Plaintiffs sold to Mr. and Mrs. Dierks who in turn assigned to Mr. and Mrs. Thompson. The Thompsons assigned to Barker who took possession. Barker, as security for a loan of money, assigned to the defendants, Mr. and Mrs. Schmidt. The contract contained a provision forbidding assignments without written consent of the sellers...

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