LASTER v. HIEBERT

TC 77-3-199; SC 25575.

587 P.2d 461 (1978)

284 Or. 493

Carol J. LASTER, Respondent, v. Alvin A. HIEBERT and Hildegard Hiebert, Husband and Wife, Appellants.

Supreme Court of Oregon, Department No. 2.

Decided December 5, 1978.


Attorney(s) appearing for the Case

Emil R. Berg, Oregon City, argued the cause for appellants. With him on the briefs was John Henry Hingson III, Oregon City.

Robert W. Goodwin, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and HOLMAN, TONGUE and BRYSON, JJ.


TONGUE, Justice.

This is a suit for specific performance of a lease and option agreement involving 10 acres of land in Clackamas County. Defendants appeal from a decree in favor of plaintiff. We affirm.

Defendants' primary contentions are that plaintiff did not perform the required conditions precedent so as to be entitled to a decree of specific performance of the option provision and that defendants did not waive the failure by plaintiff to perform her obligations...

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