HUFF v. DUNCAN


502 P.2d 584 (1972)

Lewis B. HUFF and Doris J. Huff, Husband and Wife, Respondents, v. George R. DUNCAN, Sr., and Terese M. Duncan, Appellants.

Supreme Court of Oregon, In Banc.

Decided November 10, 1972.


Attorney(s) appearing for the Case

Norma J. Paulus, Salem, argued the cause for appellants. With her on the brief were Duncan & Duncan, Stayton.

Rolf T. Olson, Salem, argued the cause for respondents. With him on the brief was Asa L. Lewelling, Salem.


O'CONNELL, Chief Justice.

This is a suit in which plaintiffs seek a decree declaring null and void a certain covenant which imposed building restrictions upon their land. The trial court granted the relief prayed for and defendants appeal.

Defendants purchased a parcel of land from Phil and Ida Steffes on May 25, 1962. On the same date, the parties executed a "Real Property Agreement" which recited that the Steffes, as first parties, "have sold and conveyed...

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