Opinion

Carrigg v. Fackrell

  • 44 Or. App. 413
  • 606 P.2d 636
  • 1980 Ore. App. LEXIS 2227
Court
Court of Appeals of Oregon
Filed
Feb 11, 1980
Status
Published
Author
Lee
On the bench
Lee, Richardson, Schwab
Cited by
1 cases

The opinion

LEE, J.,

dissenting.

I 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. * * *”

The majority then proceeds to provide such "mechanics.”

Had 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.

Accordingly, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.