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MORGAN v. BAUNACH

No. A8201-00582; CA A26744.

684 P.2d 589 (1984)

68 Or.App. 496

Margaret Ann MORGAN and Rebecca Kay Schorzman, Respondents, v. John R. BAUNACH, Cleo A. Baunach, Exchange Partner, Inc., an Oregon Corporation, Miriam Wood, John S. Wood, Olympia Danae Wood, Charles Howard and Lucy Howard, Defendants, Donald E. Johnston, Marjorie J. Johnston, Werner Talmon-L'Armee and Karen B. Talmon-L'Armee, Appellants.

Court of Appeals of Oregon.

Decided June 6, 1984.

Attorney(s) appearing for the Case

Ronald Allen Johnston, Portland, argued the cause for appellants. With him on the briefs were John F. Reynolds and McCormick & Reynolds, Portland.

J. Bradford Shiley, Portland, argued the cause and filed the brief for respondents.

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

BUTTLER, Presiding Judge.

This appeal involes two parcels of commercial real estate and the respective parties' rights to them under Agreements to Purchase and leases executed the same day. Plaintiffs brought an action in ejectment seeking to recover possession of the properties and damages for wrongful withholding and failure to make lease payments. Defendants Johnston counterclaimed for specific performance of the Agreements to Purchase. After a trial without a...

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