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FALCON HOLDINGS, LTD. v. ISAACSON

No. 16-79-09727; CA A25187.

675 P.2d 501 (1984)

66 Or.App. 614

FALCON HOLDINGS, LTD., an Oregon Corporation, Appellant-Cross-Respondent, v. Don ISAACSON, Dba Don Isaacson Construction; Gary J. Kronberger, Dba Hindman's Septic Tank Service, Respondents, Robert W. Johnston and Ruth Johnston, Husband and Wife, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed briefs, for appellant-cross-respondent.

Rohn M. Roberts, Eugene, argued the cause, for respondents-cross-appellants. With him on brief was Adkins & Roberts, Eugene.

Herb Lombard, Eugene, argued the cause, for respondents. On brief were Kurtis M. Lombard and Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

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

BUTTLER, Presiding Judge.

Plaintiff leased from defendants Johnston 90 acres of rural property with a residence. The term of the lease was from February 1 through December, 1979, and the lease contained an option for plaintiff to buy the property for $265,000. Plaintiff paid the Johnstons $25,000 for the option, which could only be exercised between October 1 and December 21, 1979, "if tenant is not then in default." After plaintiff took possession, it began extensive...

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