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SECURITY BANK v. LEATHERS

247 Or. 79 (1967)

427 P.2d 409

SECURITY BANK OF OREGON, Appellant, v. LEATHERS, Respondent.

Supreme Court of Oregon.

Reversed and remanded with directions May 10, 1967.

Attorney(s) appearing for the Case

David J. Krieger, Portland, argued the cause for appellant. With him on the brief were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

James W. Lock, Gresham, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, LUSK and FORT, Justices.

REVERSED.

SLOAN, J.

In September, 1963, plaintiff sold a residence property to defendant by a land sale contract. Defendant did not occupy the house until April, 1965. After that date and before October 15, 1965, defendant discovered that the house was infested with dry rot. He refused to make a substantial payment on the contract that was due October 15, 1965. Defendant refused to pay unless plaintiff would pay for...

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