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ROPER v. NEET

No. 77-341-E-3; CA 11616.

591 P.2d 423 (1979)

39 Or.App. 195

Richard E. ROPER and Mildred E. Roper, Husband and Wife, Appellants, v. David R. NEET and Lurlaina Kay Neet, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Sidney E. Ainsworth, Ashland, argued the cause for appellants. On the briefs was Jack Davis, of Davis, Ainsworth, Pinnock & Davis, P.C., Ashland.

Neal G. Buchanan, Klamath Falls, argued the cause and filed a brief for respondents.

Before SCHWAB, C.J., TANZER, RICHARDSON and ROBERTS, JJ., and BRYSON, J. Pro Tem.

BRYSON, Judge Pro Tem.

Plaintiffs and defendants entered into a lease-option agreement covering a 1975 Kenworth KW100 truck-trailer. Defendants, purchasers, subsequently exercised their option and elected to purchase the equipment on a purchase money installment basis. Defendants failed to make the required monthly payments and were in default under the terms of the agreement.

Plaintiffs filed this action to recover possession of the equipment, or the value...

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