SWAGGART v. McLEAN

No. E5776; CA 10283.

589 P.2d 1170 (1979)

38 Or.App. 207

Gerald SWAGGART and Violet Swaggart, Husband and Wife, Respondents, v. John K. McLean, Appellant. and First National Bank, a National Banking Association, Defendant.

Court of Appeals of Oregon.

Decided January 29, 1979.


Attorney(s) appearing for the Case

R. Thomas Gooding, La Grande, argued the cause for appellant. With him on the briefs was Gooding & Susak, La Grande.

Robert W. Collins, Pendleton, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.


BUTTLER, Judge.

In this suit for strict foreclosure of a contract for the sale of real property, defendant McLean appeals from a decree allowing him 30 days from the date thereof within which to pay the full principal balance due under the contract, with interest thereon, in default of which both defendants are foreclosed of all interest in the property.

In his brief, defendant contends that the trial court erred in permitting plaintiffs to accelerate the...

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