LATHROP v. LEWIS


247 Or. 560 (1967)

431 P.2d 268

LATHROP, Appellant, v. LEWIS ET AL, Respondents.

Supreme Court of Oregon.

Reversed and remanded with directions September 7, 1967.


Attorney(s) appearing for the Case

Louis F. Schultz, Grants Pass, argued the cause for appellant. On the briefs were Schultz & Salisbury, Grants Pass.

William M. Sloan, Grants Pass, argued the cause for respondents. On the brief were Johnson, Telfer & Sloan, Grants Pass.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, DENECKE and HOLMAN, Justices.


REVERSED AND REMANDED.

O'CONNELL, J.

This is a suit for a declaratory judgment to determine the ownership of a parcel of land. Plaintiff appeals from a judgment for defendant.

On August 3, 1955, Rose Lathrop was the owner of the land in question. On that date she and her husband, Raymond Lathrop, entered into a land sale contract naming as purchasers Richard Wymer and Esther Wymer. The contract contained the following provision:

"It is specifically...

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