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HOHNSTEIN v. EDGAR

488 P.2d 412 (1971)

Woodward HOHNSTEIN and Donna Hohnstein, Husband and Wife, Respondents, v. Harold R. EDGAR and Kathryn L. Edgar, Husband and Wife, Defendants, and Thomas P. Binford and Janet M. Binford, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided September 10, 1971.

Rehearing Denied October 19, 1971.

Attorney(s) appearing for the Case

Warde H. Erwin, Portland, argued the cause for appellants. On the briefs was Erwin & Gilbert, a Professional Corp., Portland.

Carlton D. Warren, Portland, argued the cause for respondents. With him on the brief were Solomon, Warren & Killeen, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE and HOWELL, JJ.

O'CONNELL, Chief Justice.

This is an appeal by defendants in a declaratory judgment action involving the interpretation of a land sale contract.

Defendants contend that the monthly payment specified in the contract did not include property taxes. Plaintiffs concede that they are obligated to pay the property taxes but contend that the monthly payment specified in the contract was intended to include one-twelfth of the annual tax on the property.

Defendants...

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