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FAYDREX, INC. v. KEEN

248 Or. 54 (1967)

432 P.2d 192

FAYDREX, INC., Appellant, v. KEEN ET AL, Respondents.

Supreme Court of Oregon.

Affirmed October 4, 1967.

Attorney(s) appearing for the Case

LaVaughn A. Merryman, Medford, argued the cause for appellant. With him on the briefs were Frohnmayer, Lowry & Deatherage, Medford.

Gene L. Brown, Grants Pass, argued the cause for respondents. With him on the brief was R. Gene Smith, Grants Pass.

Before MCALLISTER, J., Presiding, and O'CONNELL and DENECKE, Justices.

AFFIRMED.

PER CURIAM.

This is a suit for specific performance of a land sale contract brought by the buyer against the seller. The contract contained a clause declaring that time was of the essence. Plaintiff failed to make the down payment at the time specified in the contract. Plaintiff contends that the parties did not intend to make time of the essence and that this was evidenced by a previous course of dealing...

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