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LEMKE v. WESTERN HOMES & LAND CO.

No. 16-82-01852; A27509.

671 P.2d 709 (1983)

65 Or.App. 529

Donald L. LEMKE, Appellant, v. WESTERN HOMES & LAND CO., Respondent.

Court of Appeals of Oregon.

Decided November 9, 1983.

Attorney(s) appearing for the Case

Lawrence F. Cooley, Eugene, argued the cause and filed the brief for appellant.

Kenneth B. Ross, Portland, argued the cause for respondent. With him on the brief was James N. Esterkin, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiff appeals from a summary judgment for defendant. Plaintiff sued for specific performance of a contract under which defendant was to convey to plaintiff, with an access easement, lots on Woahink Lake in Dunes City, for which plaintiff was to pay the purchase price in installments and excavate a portion of defendant's remaining property "in such a manner that a beach is created." Plaintiff alleged that he had "excavated a portion of Defendant...

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