BRAUNSTEIN v. TROTTIER

No. 40-465; CA 18266.

635 P.2d 1379 (1981)

Martin BRAUNSTEIN and Eleanor Braunstein, Respondents-Cross-Appellants, v. John A. TROTTIER and Valtrauta Edita Trottier, Appellants-Cross-Respondents, Dale Miller and Loretta Miller; Douglas Thompson, Trustee; and Western Savings and Loan Company, a Corporation, Defendants.

Court of Appeals of Oregon.

Decided November 16, 1981.


Attorney(s) appearing for the Case

Henry Kane, Beaverton, argued the cause and filed the briefs for appellants-cross-respondents.

Margaret H. Leek Leiberan, Portland, argued the cause for respondents-cross-appellants. With her on the briefs was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

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


BUTTLER, Presiding Judge.

This ejection action requires that we attempt to determine whether the Supreme Court has been engaged in something akin to a fan dance, or whether it really intends to tango. The issue is whether the vendor under a land sale contract, which permits, among other remedies, a declaration of forfeiture upon the vendee's default, may effectively terminate the vendee's interest in the real property and to the purchase money theretofore paid by...

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