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WILEY v. BERG

578 P.2d 384 (1978)

282 Or. 9

Stan WILEY, an Oregon Corporation, Respondent, v. Norman E. BERG, Riley Pleas, and Housing Estate Corporation, an Oregon Corporation, Appellants.

Supreme Court of Oregon, In Banc.

Argued and Submitted January 9, 1978.

Attorney(s) appearing for the Case

Michael Lee McDonough and William G. Paulus, of Paulus & Callaghan, Salem, argued the cause and filed the briefs for appellants Norman E. Berg and Riley Pleas.

No appearance for Housing Estate Corp., appellant.

Peter C. Richter, of Miller, Anderson, Nash, Yerke & Wiener, Portland, argued the cause for respondent. With him on the brief were William B. Crow and David C. Culpepper, of Miller, Anderson, Nash, Yerke & Wiener, Portland.

TONGUE, Justice.

This is a suit in equity on behalf of unit owners of the Fontaine Condominium in Portland for a declaration of their rights under "option to purchase" provisions of subscription agreements signed by them and for a decree enjoining defendants from enforcing the provisions of an amended lease purporting to establish a minimum price for the exercise of the option.1 Defendants appeal from an adverse decree.

As stated...

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