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DILLON v. CARDIO-KINETICS, INC.

No. A7906-02792; CA 16908.

628 P.2d 1269 (1981)

Dennis L. DILLON and Helen C. Dillon, Respondents, v. CARDIO-KINETICS, INC., Appellant, and Edwin Ladum, Gloria Ladum, Robert Ladum and Mrs. Robert Ladum, Defendants.

Court of Appeals of Oregon.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Lawrence R. Derr, Portland, argued the cause for appellant. With him on the briefs were Weiss, Derr & DesCamp, and Charles P. Starkey, Portland.

Jeffrey M. Batchelor, Portland, argued the cause for respondents. With him on the brief were Spears, Lubersky, Campbell & Bledsoe, James H. Clarke, and Richard H. Williams, Portland.

Before GILLETTE, P.J., and ROBERTS, J., and CAMPBELL, Judge pro tem.

ROBERTS, Judge.

This is an appeal from an order requiring defendant Cardio-Kinetics, Inc., (CKI) to execute a land sale contract in compliance with a decree of specific performance which had been entered four months earlier.1

The decree of specific performance which was entered on September 24, 1979, provided:

"1. Defendants Cardio-Kinetics, Inc. and Edwin and Gloria Ladum shall specifically perform the seller's obligations...

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