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ROGERS v. HARDEN

547 P.2d 114 (1976)

Margaret Gillis ROGERS, Respondent, v. M.J. HARDEN and Gary I. Harden, Dba M.J. Harden & Son, a Co-Partnership, Appellants, Benjamin Franklin Savings & Loan Association of Portland, a Corporation, and City of Gresham, Oregon, Defendants.

Supreme Court of Oregon, In Banc.

Decided March 18, 1976.

Attorney(s) appearing for the Case

Donald L. Alderton, Portland, argued the cause and filed briefs for appellants.

Richard L. King, Portland, argued the cause and filed a brief for respondent.

HOLMAN, Justice.

Plaintiff brought a suit to foreclose a trust deed which secured the unpaid balance of a note payable by defendants to plaintiff. Defendants appeal from a decree of foreclosure.

The balance of the note represents the unpaid purchase price of real property in the City of Gresham sold by plaintiff to defendants. Defendants built four duplexes upon the property. The dispute involves the balance owing to plaintiff. The property was sold under...

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