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FRIESEN v. FUITEN

478 P.2d 372 (1970)

Robert FRIESEN and Mildred E. Friesen, Husband and Wife, Appellants, v. James FUITEN, Respondent, and Ida Fuiten, Defendant.

Supreme Court of Oregon, Department 2.

Decided December 16, 1970.

Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause for appellants. With him on the brief were Williams, Skopil, Miller, Beck & Wyllie, Salem.

Thomas A. Huffman, Hillsboro, argued the cause for respondent. With him on the brief were Huffman & Zenger, Hillsboro.

Before O'CONNELL, C.J., and DENECKE, TONGUE and BRYSON, J.

BRYSON, Justice.

This is a suit in equity for specific performance of an oral contract. Plaintiffs appeal from an adverse decision.

Plaintiffs allege:

"(1) That on or about March 1, 1963, the plaintiffs had entered into an oral contract with the defendants providing that the defendants, as the present stockholders of Fuiten's Mortuary, Inc., an Oregon corporation, agreed to sell to the plaintiffs one-half the common stock of said corporation for the...

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