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RICH v. BELLAMY

577 P.2d 1352 (1978)

Gordon RICH Dba Pacific & Eastern Enterprises, Respondent, v. Clyde B. BELLAMY, Appellant.

Supreme Court of Oregon, In Banc.

Argued and Submitted April 5, 1978.

Attorney(s) appearing for the Case

John Toran, Jr., Portland, argued the cause and filed the briefs for appellant.

Bradley Littlefield, of Goldsmith, Siegel, Engle & Littlefield, Portland, argued the cause and filed the brief for respondent.

TONGUE, Justice.

This is an appeal from an order setting aside a judicial sale of real property based upon a finding that plaintiff was mistaken in his bid at the execution sale and that defendant would be unjustly enriched if the sale was confirmed.

That order was based upon plaintiff's motion to set aside the sale which alleged that:

"* * * Plaintiff thought he was purchasing the real property above described when he bid the sum of $17,000.00 for...

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