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MILLER v. FERNLEY

570 P.2d 1178 (1977)

280 Or. 333

David L. MILLER and Dolores W. Miller, Husband and Wife, Appellants, v. Dean FERNLEY and Virginia M. Valentine, et al., Respondents.

Supreme Court of Oregon, Department 2.

Decided November 8, 1977.

Attorney(s) appearing for the Case

Charles C. Erwin, of Erwin, Lamb & Erwin, P.C., Portland, argued the cause and filed a brief for appellants.

James H. Bean, Portland, argued the cause and filed a brief for respondent Fernley.

Maurice Sussman, Portland, argued the cause and filed a brief for respondent Valentine.

Before DENECKE, C.J., TONGUE and BRYSON, JJ., and GILLETTE, Justice Pro Tem.

BRYSON, Justice.

Plaintiffs brought this suit to foreclose a land sale contract involving the sale of commercial rental property. The trial court, in entering its decree, denied foreclosure to plaintiffs and denied attorney fees to all parties. Plaintiffs appeal.1

The evidence reveals the following relevant facts. Mr. Hodes, fee simple title owner of the property and not a party to this suit, sold the property to the Millers, plaintiffs...

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