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BARLEAN v. ROGERS

No. 77-12-E; CA 11554.

596 P.2d 1327 (1979)

41 Or.App. 41

Bernard T. BARLEAN, Respondent, v. Harry ROGERS and Linda Rogers, Husband and Wife, Harold Worthington and Phyllis Worthington, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Karen C. Allan, Medford, argued the cause for appellants. With her on the brief was Frohnmayer, Deatherage, Foster & Purdy, Medford.

Walter L. Cauble, Grants Pass, argued the cause for respondent. With him on the brief was Schultz, Salisbury, Cauble & Snider, Grants Pass.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

TANZER, Judge.

This is an appeal from a decree of foreclosure in a suit to quiet title to a parcel of real property in Josephine County. The transaction giving rise to the suit was the sale in 1975 of a restaurant and lounge in the state of Washington. The terms of that sale1 were a total purchase price of $225,000 with $10,000 cash down, a 180-day note in the amount of $15,000, and the balance...

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