FRANKLIN v. STERN

90-CV-0397-ST; CA A72165.

858 P.2d 142 (1993)

122 Or. App. 306

Frances P. FRANKLIN, Kaye Franklin and Regena P. Franklin, dba EFKR Properties, Respondents, v. Hubert B. STERN and Lee E. Stern, Appellants, and Robert Bennett and Settler's Corner, Inc., an Oregon corporation, Defendants.

Court of Appeals of Oregon.

Decided August 18, 1993.


Attorney(s) appearing for the Case

Max Merrill, Bend, argued the cause for appellants. With him on the briefs was Merrill, O'Sullivan, MacRitchie, Petersen & Brady, Bend.

Don A. Dickey, Salem, argued the cause for respondents. With him on the brief were Douglas, Dickey & Lynch, Salem, and Rick T. Haselton and Lindsay, Hart, Neil & Weigler, Portland.

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


ROSSMAN, Judge.

Plaintiffs Frances, Kaye and Regena Franklin brought this action seeking a declaratory judgment that they have an agreement with defendants Hubert and Lee Stern (Sterns) under which they are entitled to purchase from defendants 65 percent of the shares of Settler's Corner, Inc., a corporation that owned the Sun Country Mobile Home Park (Sun Country). They also sought specific performance of the agreement or, in the alternative, damages for breach of...

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