Richard E. And Kathie Graber v. Bernice R. And Robert J. Mayem

This is an appeal by Richard E. and Kathie Graber, husband and wife, from a judgment of dismissal of their action brought against Robert J. and Bernice R.. Mayem, husband and wife, following non-jury trial in the District Court.

The facts of the case are set out in detail in the opinion of District Judge Kilkenny, now Judge Kilkenny of this court, reported at 299 F.Supp. 243 (D.Or.1969). They may be summarized as follows: On September 10, 1964, the Mayems gave the Grabers an option to purchase property located in Los Gatos, California. This option described the property as “two acres more or…