Robinson v. Oregon City Sand & Gravel Co.

In 1929 and for some time prior thereto the plaintiff herein was the owner of a fifteen-acre tract of land in Clackamas county, encumbered by a $6,500 first mortgage, a second mortgage in the sum of $1,500 and other liens. On or about May 13, 1929, a decree was entered foreclosing the first mortgage; thereafter the property was sold and on June 22, 1929, the sale was confirmed.

On October 30, 1929, the plaintiff and the defendant Oregon City Sand & Gravel Company entered into a contract whereby plaintiff agreed to sell to said defendant the tract mentioned above, except about one acre thereof,…