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PHAIR v. WALKER

No. 77-1028 E; CA 15571.

617 P.2d 616 (1980)

48 Or.App. 641

Ronald E. PHAIR and Lorrayne Phair, Husband and Wife, Appellants, v. Chandler J. WALKER, Hal F. Coe, Whytals, a Co-Partnership between William L. Whytal and E. Margaret Whytal, Carter-Jones Collection Service, Inc., Arthur Leslie Shaupe and Geraldine L. Hanson, and Margaret L. Simpson, Defendants, Bobbie Lou Walker, Elizabeth Marie Coe, Aka Betty Coe, Aka Betty M. Coe, Trans-Continental Land & Livestock Co., Inc., and Shasta County Bank, Respondents.

Court of Appeals of Oregon.

Filed October 6, 1980.

Attorney(s) appearing for the Case

Kelly Andersen, Klamath Falls, argued the cause for appellants. With him on the briefs was Robert Thomas, Klamath Falls.

Neal G. Buchanan, Klamath Falls, argued the cause and filed the brief for respondent Bobbie Lou Walker.

William P. Brandsness, Klamath Falls, waived appearance for respondent Elizabeth Coe.

Bradford J. Aspell, Klamath Falls, waived appearance for respondents Trans-Continental Land & Livestock Co. and Shasta County Bank.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiffs in a real property foreclosure suit appeal from the ruling of the trial court reinstating a land sale contract. They assign as error what they characterize as the trial court's attempt to rewrite the contract and the finding that plaintiffs had unclean hands. We review de novo.

In 1959, Blanche H. Balsiger sold plaintiffs a parcel of real property located in Klamath County by land sale contract. The contract provided that time...

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