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LEGG v. ALLEN

82-2426-NJ-2; CA A29751.

696 P.2d 9 (1985)

72 Or.App. 351

Richard C. LEGG and Adella Legg, Husband and Wife, Respondents, v. Edward ALLEN and Toni Allen, Husband and Wife, Appellants, Federal Deposit Insurance Corporation, in Its Corporate Capacity, Respondent.

Court of Appeals of Oregon.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Claud Ingram, Eugene, argued the cause for appellants. With him on the brief was Bick & Monte, P.C., Eugene.

Frank R. Alley, III, Medford, filed the brief for respondent Federal Deposit Ins. Corp.

Steven L. Swartsley, Medford, waived appearance for respondents Richard C. Legg and Adella Legg.

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

BUTTLER, Presiding Judge.

Defendants Allen appeal from a judgment granting plaintiffs strict foreclosure of a land sale contract for commercial property.1 They contend that the trial court erred in finding that they were in default when plaintiffs locked defendants out of the property, because plaintiffs had waived the contract's "time-essence" clause and had failed to reinstate it and allow defendants a reasonable opportunity to cure...

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