BORTON v. MEDICINE ROCK LAND COMPANY


549 P.2d 1122 (1976)

Robert A. BORTON and Clara Borton, Husband and Wife, Respondents, v. MEDICINE ROCK LAND COMPANY, an Oregon Corporation, Respondent, La Ro Lumber Company, Inc., an Oregon Corporation, and R.L. Praegitzer, Appellants, United States National Bank of Oregon, and Dant & Russell, Inc., a Nevada Corporation, Defendants.

Supreme Court of Oregon, In Banc.

Decided May 20, 1976.


Attorney(s) appearing for the Case

Douglas B. Dawson, Dallas, argued the cause and filed briefs for appellants La Ro Lumber Co., Inc., and R.L. Praegitzer.

Paul Gerhardt, Portland, argued the cause and filed a brief for respondent Medicine Rock Land Co.

James W. Walton, Corvallis, argued the cause for respondents Robert A. Borton and Clara Borton. With him on the brief was Ringo, Walton & Eves, Corvallis.


BRYSON, Justice.

Defendants La Ro Lumber Co. and Robert Praegitzer1 appeal from a decree of the trial court which denied them ownership of certain timber and awarded damages against them for breach of contract.

Plaintiffs, Mr. and Mrs. Robert Borton, were in the logging business and owned timbered property in Lincoln County. On April 28, 1972, the Bortons sold approximately 293 acres of timberland to Medicine Rock Land Co. (hereinafter...

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