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286 Or. 775

596 P.2d 974

Elsasser v. Wilcox

Oregon Supreme Court

Decided June 26, 1979

Oregon Supreme Court · decided 1979-06-26

Cited by 2 later decisions — most recently December 1994

Good law ✅— No negative treatment on recordhow we know

Decided 1979-06-26

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DENECKE, C. J.,

¶1specially concurring.

¶2I concur in the decision of the majority that the purchaser is entitled to notice of default and a reasonable opportunity to cure the default. I concur specially to state that in my opinion the rule of nonforfeiture should apply whether the contract gives the seller alternative remedies or only the right to declare the contract null and void and that any interest of the purchaser be forfeited.

¶3The rationale of our past cases and the present decision is that courts will not permit a purchaser to lose his interest in the property without requiring notice of the default and giving an opportunity to remedy the default. This rationale will not permit the enforcement of the forefeiture whether the seller has alternative remedies or only the remedy of forfeiture.

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