WAGNER v. McNEELY

(96 CV 0525; CA A100217)

984 P.2d 943 (1999)

161 Or. App. 215

Glen WAGNER and Bonnie Wagner, Respondents, v. Theodore R. McNEELY, Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause and filed the briefs for appellant.

Roger Gould, Coos Bay, argued the cause and filed the brief for respondents.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


DEITS, C.J.

Defendant appeals from the judgment for plaintiffs in this action for the price under a written contract whereby plaintiffs sold and defendant agreed to buy, cut and remove timber from plaintiffs' property. We affirm in part and reverse in part.

The contract was entered into on July 6, 1995, and was for a "lump sum timber sale" by which defendant agreed to pay plaintiffs $250,000 regardless of the volume...

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