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KLEINER v. RANDALL

79-08-7666E; CA A28817.

696 P.2d 556 (1985)

Walter KLEINER, Appellant, v. Frank A. RANDALL and Dale C. Dooley, Doing Business As Associated Farm & Cattle Co.; and Fma Financial Corporation, Doing Business As Fma Leasing Company, a Utah Corporation, Respondents, Western Water Wells, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided March 6, 1985.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were Dennis P. Rawlinson, William H. Walters and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Milo Pope, Mount Vernon, argued the cause for respondents. With him on the brief were Douglas G. Combs and Kilpatricks & Pope, Mount Vernon.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

BUTTLER, Presiding Judge.

Plaintiff, purchaser of real property under two land sale contracts, brought this suit in equity for a declaratory judgment that he is entitled to certain credits against the principal balance remaining on those contracts. The case was tried to the court, which ruled that defendants,1 sellers of the property, "materially failed to perform" under the contracts, and entered a judgment declaring that plaintiff is...

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