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44 Or. App. 413

Carrigg v. Fackrell

Court of Appeals of Oregon

Decided February 11, 1980

Court of Appeals of Oregon · decided 1980-02-11

Cited by 2 later decisions — most recently July 1983

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-11

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LEE, J.,

¶1dissenting.

¶2I would affirm the trial court. The pivotal issue is the language of the contract. As conceded by the majority:

" Thg contract does not define 'qualified purchasers,’ and it establishes no mechanism for determining what a 'qualified purchaser’ is.

¶3The majority then proceeds to provide such "mechanics.”

¶4Had the plaintiffs alleged fraud or mistake, then we might properly consider interpretation of the words "qualified purchaser”. However, plaintiffs only sought strict foreclosure of the contract, so we should strictly construe its terms as did the trial court.

¶5Accordingly, I respectfully dissent.

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