IVERSEN v. KIGER

No. 36066; CA 16414.

617 P.2d 1386 (1980)

48 Or.App. 873

Harold IVERSEN and Velma Iversen, Appellants, v. Estin B. KIGER and Marian E. Scholze, Respondents. Marian E. Scholze, Cross-Complainant, v. Estin B. Kiger, Cross-Defendant.

Court of Appeals of Oregon.

Decided October 20, 1980.


Attorney(s) appearing for the Case

Gordon H. Price, Molalla, argued the cause and filed the briefs for appellants.

Jules Drabkin, McMinnville, argued the cause and filed the brief for respondent Estin B. Kiger.

Wayne C. Rapp, and Wayne C. Rapp & Associates, Hillsboro, filed a brief for respondent Marian E. Scholze which was stricken for failure to comply with the Court's rules.

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


BUTTLER, Judge.

The question in this action for strict foreclosure of a real estate contract is whether the proceeding was commenced prematurely. We conclude that it was, and affirm the judgment of the trial court dismissing plaintiff's complaint and awarding defendant Kiger attorney's fees and costs.

The contract was entered into in November, 1971, between Ralph Hansen, as seller, and defendant Kiger (and his then wife), as buyers, by the terms of which the...

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