STINEMEYER v. WESCO FARMS, INC.


487 P.2d 65 (1971)

Frank STINEMEYER and Mary Anna Stinemeyer, His Wife, Appellants, v. WESCO FARMS, INC., an Oregon Corporation, and Ocean Eleven, Inc., an Oregon Corporation, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 15, 1971.

Rehearing Denied September 28, 1971.


Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause and filed briefs for appellants.

L. Charles Purvis, Toledo, argued the cause for respondents. On the brief were MacPherson, Osterlund & Purvis, Toledo.


McALLISTER, Justice.

This is a suit for the strict foreclosure of a land sale contract. The basic question is whether the acceptance by the vendor of late payments precludes him from declaring the entire balance due and filing suit for strict foreclosure without first giving purchasers a reasonable time to cure any defaults. The lower court dismissed the suit and plaintiff appeals. We affirm.

There is little dispute about the facts. On May 14, 1969, F.H. and...

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