D.M. DEVELOPMENT CO. v. OSBURN

No. A7212-12790; CA 14411.

621 P.2d 1186 (1980)

49 Or.App. 863

D.M. DEVELOPMENT COMPANY, a Corporation, Respondent, Cross-Appellant, v. Leonard OSBURN and Gwendola Osburn Pearson, Appellants, Cross-Respondents.

Court of Appeals of Oregon.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Michael E. Kohlhoff, Wilsonville, argued the cause for appellants, cross-respondents. With him on the briefs was Kohlhoff & Moen, Wilsonville.

Michael S. Fryar, Gresham, argued the cause and filed the brief for respondent, cross-appellant.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

Defendants appeal from a decree of specific performance which compels them to sell business property to plaintiff on terms specified in a lease agreement. Defendants assign as error the following:

1) Failure to hold that plaintiff was in default on the lease and thus had no right to enforce any provision thereof;

2) Failure to hold that the terms of the lease were superseded by a settlement agreement which was either authorized by...

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