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MEISSNER v. MURPHY

No. 26743; CA A21378.

647 P.2d 972 (1982)

58 Or.App. 174

Grace MEISSNER, Appellant, v. Dorothy MURPHY, Personal Representative of the Estate of Steve Michael Wilber, Deceased, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1982.

Attorney(s) appearing for the Case

Beth Blount, Forest Grove, argued the cause and filed the reply brief for appellant. With her on the appellant's brief was Steven Scroggin, Forest Grove.

Robert P. Van Natta, St. Helens, argued the cause for respondent. With him on the brief was Van Natta & Petersen, St. Helens.

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

WARDEN, Judge.

The issue in this case is whether plaintiff, by failing to file a claim against decedent's estate before bringing an action for specific performance of a land sale contract between herself and the decedent, is barred from recovering a deficiency judgment in the action.

On May 6, 1979, plaintiff executed an installment sale contract to sell timber land to Steve Wilber. After Wilber's death in January...

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