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Kunzman v. Thorsen

Oregon Supreme Court

303 Or. 600 (1987)

Facts

The Kunzmans (plaintiffs) agreed to sell a farm to McNabb through an installment sale contract. McNabb assigned his interest to the Thorsens (defendants), and the Thorsens made the installment loan payments, took possession of the farm, built a barn, and rented out the pasture. After several years, the Thorsens defaulted on the loan, and the Kunzmans filed a lawsuit against them. The Kunzmans, as sellers or vendors, requested specific performance from the Thorsens.

Rule of Law

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Issue

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Holding and Reasoning (Campbell, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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