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BAHLER v. FLETCHER

474 P.2d 329 (1970)

Al C. BAHLER Aka Alfred C. Bahler and Roselle Bahler, Dba A.R. John Construction, Appellants and Cross-Respondents, v. John H. FLETCHER and Hazel Joy R. Fletcher, Respondents and Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided September 11, 1970.

Rehearing Denied November 4, 1970.

Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed briefs for appellants and cross-respondents.

John J. Haugh, Portland, argued the cause for respondents and cross-appellants. With him on the brief were Pozzi, Wilson & Atchison, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE, HOLMAN, and TONGUE, JJ.

HOLMAN, Justice.

This is an appeal by plaintiffs from a decree of the trial court denying foreclosure of a trust deed.

Plaintiffs contracted with defendants to remodel defendants' residence. An agreement was executed by defendants which required them to pay plaintiffs the contract price for the work in monthly installments. At the completion of the work, defendants executed a trust deed to secure the performance of their agreement to pay. Plaintiffs had a...

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