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SAFECO TITLE INS. CO. v. SIMPSON

No. 46091; CA A26599.

684 P.2d 4 (1984)

68 Or.App. 858

SAFECO TITLE INSURANCE COMPANY OF OREGON, an Oregon Corporation, Respondent, v. Ronald W. SIMPSON and Wade Holland, Appellants, v. RICHARD W. FAIL, Cross-Claimant, v. KEY TITLE COMPANY, Cross-Defendant.

Court of Appeals of Oregon.

Decided June 27, 1984.

Attorney(s) appearing for the Case

William G. Nokes, Corvallis, argued the cause and filed the briefs for appellants.

Gary L. Vigna, Portland, argued the cause for respondent. With him on the brief was Howe & Harris, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff, as the assignee of a portion of a vendor's interest in an installment land sale contract, seeks specific performance or, alternatively, restitution for unjust enrichment against defendants Simpson and Holland, the vendees. Plaintiff was awarded a summary judgment against defendants for $8,250, plus attorney fees and costs. Defendants appeal.1 We reverse.

In 1978, Lincoln Glass Co., Inc., and John A. Mason...

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