ELSASSER v. WILCOX

No. A 7701-00402; SC 25572.

596 P.2d 974 (1979)

286 Or. 775

Fred ELSASSER, Appellant, v. Glen H. WILCOX and Joan M. Wilcox, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Reargued February 6, 1979.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Harry R. Kraus, Portland, argued and reargued the cause and filed a brief for appellant.

Marshall C. Cheney, Portland, argued and reargued the cause for respondents. With him on the brief was Donald O. Costello, Portland.


HOWELLL, Justice.

Plaintiff filed a declaratory judgment proceeding to determine the rights of the parties under a contract for the sale of real property between plaintiff as purchaser and defendants as sellers. Defendants, by their answer, asked for a judgment declaring the contract to be null and void because of plaintiff's failure to make payments required of him. Plaintiff appeals from a judgment in favor of defendants.

The negotiations resulting in the...

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