Legal Opinion

Nimrod Park, Inc. v. Rose

Oregon Supreme Court

Decided April 2, 1973PublishedCited by 2 opinions

1Opinion of the CourtTongue, J.

This is a suit to foreclose a land sales contract. Defendants’ second amended answer prays for a rescission of the contract. The trial court entered a decree of strict foreclosure. We affirm.

Defendants contend that the trial court erred in excluding evidence of alleged statements made by plaintiff’s employees and agents and that it also erred in granting plaintiff’s prayer for strict foreclosure of the contract and in denying defendants’ prayer for rescission and restitution based upon alleged impossibility of performance, failure of consideration and upon the contention that the contract as…

2Cases cited2 opinions

  1. Miller Et Ux v. Barker Et UxOregon Supreme Court · 1962
  2. First Western Mortgage Co. v. Hotel Gearhart, Inc.Oregon Supreme Court · 1971

3Cited by2 opinions

  1. Bodenhamer v. PattersonOregon Supreme Court · 1977
  2. Watson v. FantusOregon Supreme Court · 1976

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