RAFTER Q CATTLE CO. v. OREGON SUN RANCH, INC.

No. 11787; CA 15469.

624 P.2d 628 (1981)

51 Or.App. 27

RAFTER Q CATTLE COMPANY, an Oregon Corporation, Respondent, v. OREGON SUN RANCH, INC., an Oregon Corporation, Leon E. Gritten and Sharon L. Gritten, Appellants, John R. Lewis and Cabin Creek Ranch, Inc., a Washington Corporation, Respondents, Crook County, a Political Subdivision of the State of Oregon, Neal Russell and Selma L. Russell, Defendants.

Court of Appeals of Oregon.

Decided March 2, 1981.


Attorney(s) appearing for the Case

Robert J. Vanden Bos, Portland, argued the cause for appellants. With him on the briefs were Herbert H. Anderson, Frank M. Parisi, and Spears, Lubersky, Campbell & Bledsoe, Portland.

William M. Holmes, Bend, argued the cause and filed the brief for respondent Rafter Q Cattle Co.

Terrence B. O'Sullivan, Bend, argued the cause and filed the brief for respondents John R. Lewis and Cabin Creek Ranch, Inc.

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


BUTTLER, Judge.

This suit is one to foreclose a land sale contract by which defendants Oregon Sun Ranch, Inc., Leon and Sharon Gritten, John Lewis, and Zeke Graff agreed to purchase a ranch from plaintiff for the mining of Bentonite clay. The contract provided for a fixed yearly sum to be paid on principal and interest, and for severance payments of $1.10 per ton for all Bentonite removed; the severance payments, up to a maximum amount, were to be applied on the principal...

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