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NEWMAN v. RANDALL

A8603-01394; CA A44240.

753 P.2d 435 (1988)

90 Or.App. 629

Michael NEWMAN and Leslie Newman, Fka Michael Tripp and Leslie Tripp, Husband and Wife, and Norman Klein and Enid Klein, Husband and Wife, Respondents, v. Robert D. RANDALL, Trustee for the Randall Company Profit Sharing Trust, Appellant, and Horace Greening, Defendant.

Court of Appeals of Oregon.

Decided April 20, 1988.

Reconsideration Denied June 10, 1988.

Review Denied July 6, 1988.

Attorney(s) appearing for the Case

J. Bradford Shiley, Portland, argued the cause and filed the briefs, for appellant.

Michael Scott Evans, Portland, argued the cause, for respondents. With him on the brief were Gary I. Grenley and Grenley, Rotenberg, Laskowski, Evans & Bragg, P.C., Portland.

Before WARDEN, P.J., JOSEPH, C.J., and GRABER, J.

GRABER, Judge.

This is a declaratory judgment action to construe a land sale contract. The issue is the amount of a balloon payment that plaintiffs were to pay defendant as trustee of the Randall Company Profit Sharing Trust (defendant),1 on January 15, 1986. The trial court held that the payment was the approximately $20,000 plaintiffs tendered, rather than the approximately $139,000 defendant...

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