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KINTIGH v. ELLIOTT

570 P.2d 659 (1977)

280 Or. 265

Robert G. KINTIGH and Margaret K. Kintigh, Husband and Wife, Respondents, v. Robert M. ELLIOTT, Appellant, Grove Escrow & Service Co., Inc., an Oregon Corporation, Defendant.

Supreme Court of Oregon, Department No. 1.

Decided November 1, 1977.

Attorney(s) appearing for the Case

Terence J. Hammons, of Hammons, Phillips & Jensen, Eugene, argued the cause and filed a brief for appellant.

Herman Hendershott, of Curtis, Hendershott & Strickland, Eugene, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and HOLMAN and HOWELL, JJ., and GILLETTE, J. Pro Tem.

HOWELL, Justice.

The sole issue in this cause is the sufficiency of an affidavit in support of a motion for service of summons on defendant by publication.1

In June, 1975, plaintiffs and defendant executed a conditional land sale contract wherein plaintiffs agreed to sell defendant certain real property for $50,825, payable in monthly installments. Defendant paid $11,000 down, made some...

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