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ZIMMERMAN v. ESTATE OF LUTHER P. COOK

90-CV-0023; CA A71469.

855 P.2d 193 (1993)

121 Or. App. 234

Barbara J. ZIMMERMAN, Respondent-Cross-Appellant, v. ESTATE of Luther P. COOK, Reba M. Cook and Delores M. Johnson, Appellants-Cross-Respondents, Wilbur E. Barth, Dora M. Barth, and State of Oregon, Respondents, and Unknown Occupants of 766 NW 3rd Street, Grants Pass, Oregon, 97526, and County of Josephine, Oregon, Defendants.

Court of Appeals of Oregon.

Decided June 23, 1993.

Reconsideration Denied August 18, 1993.

Review Denied September 21, 1993.

Attorney(s) appearing for the Case

Dennis R. Ingram, Grants Pass, argued the cause for appellants-cross-respondents. With him on the briefs was Ingram, Rich & Hall, Grants Pass.

Frank C. Rote, III, Grants Pass, argued the cause for respondent-cross-appellant. With him on the briefs was Brown, Hughes, Bird, Lane & Rote, Grants Pass.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondent State of Or.

Respondents Wilbur E. Barth and Dora M. Barth waived appearance.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant Delores Johnson and her parents Luther Cook (now deceased) and defendant Reba Cook purchased a house and land from plaintiff by land sale contract in September, 1984. Johnson deeded her vendee's interest to Reba Cook in February, 1988. The contract calls for monthly payments of $400, to be made on the tenth of each month. It requires that defendants promptly pay all taxes when due. During the life of the agreement, defendants regularly...

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