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HARRIS v. GRIFFIN

CV 90-53; CA A66012.

818 P.2d 1289 (1991)

109 Or.App. 253

Archie HARRIS and Marjorie Harder, Respondents, v. James S. GRIFFIN; James S. Griffin Co.; Maz Enterprises, a Partnership; R. Keith Adams and Wayne C. Miller; Keith Adams, Aka R. Keith Adams and Alice M. Adams; Donald F. Edwards and Alberta Edwards; Robert W. Bailey and Particia E. Bailey, Husband and Wife; Albert A. Graham and Cheryl J. Graham, Husband and Wife; James L. Hull and Anita L. Hull, Husband and Wife; Robert M. Hull and Daphne D. Hull, Husband and Wife; J.T. Moore and Gladys Moore, Husband and Wife; Elmer J. Podratz and Doris M. Podratz, Husband and Wife; Thomas G. Silvers and Juanita Silvers, Husband and Wife; Michael L. Stoner and Cathy L. Stoner, Husband and Wife; W.L. Stoner and Dolores Stoner, Husband and Wife; Susan K. Stoner, Kna Susan K. Robinson; Henry J. Ternes and Florence Ternes, Husband and Wife; Gary E. Bosch and Naydene L. Bosch; Thomas L. Bosch and Mary P. Bosch, Husband and Wife, Appellants, and Kenneth S. Turner and Pamela J. Turner, Husband and Wife, Defendants.

Court of Appeals of Oregon.

Decided October 23, 1991.

Attorney(s) appearing for the Case

Michael B. Collins, Pendleton, argued the cause for appellants. With him on the briefs was Collins & Collins, Pendleton.

Robert T. Mautz, Pendleton, argued the cause for respondents. On the brief were W. Eugene Hallman and Mautz Hallman, Pendleton.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Defendants buyers1 appeal the summary judgment and resulting interlocutory decree for the plaintiff sellers in this action for strict foreclosure of a land sale contract. We affirm.

The contract was entered into in 1971. It contains a time of the essence clause, requiring annual payments on December 1. The contract document contains a handwritten addition purporting to require plaintiffs "to cooperate...

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