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REEDER v. KAY

577 P.2d 925 (1978)

Athleen H. REEDER, Respondent, v. Joshua F. KAY, Defendant, and Ben D. Lawee, Ben Ozir and Eugene M. Salute, Appellants.

Supreme Court of Oregon, Department 1.

Argued and Submitted January 12, 1978.

Attorney(s) appearing for the Case

Kit A. Jensen, of Gilbertson, Brownstein, Sweeney & Kerr, Portland, argued the cause and filed briefs for appellant Lawee.

Gregory A. Hartman, of Willner, Bennett, Riggs & Skarstad, Portland, argued the cause and filed the brief for appellant Ozir.

Eugene M. Salute, in pro. per.

Wayne C. Rapp, Hillsboro, argued the cause for respondent. On the brief was Paul M. Reeder, of Reeder & Rapp, Hillsboro.

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

DENECKE, Chief Justice.

This is a suit in equity seeking strict foreclosure of a land sale contract for 173 acres. The trial court made a decree of strict foreclosure and defendants appeal. We review de novo and affirm the decree of foreclosure.

The facts are greatly disputed and some of the testimony was incredible. Our view of the record, giving due weight to the findings of the trial court which heard and saw the witnesses, leads us to believe events occurred...

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