Cooley v. Powers

Full title: COOLEY et al, Respondents, v. POWERS et ux, Appellants

Court: Oregon Court of Appeals

Date published: Aug 6, 1986

723 P.2d 348 (Or. Ct. App. 1986)

723 P.2d 348

Opinion

16-84-05906; CA A36246

Submitted on record and briefs February 27, 1986.

Affirmed August 6, 1986.

Appeal from Circuit Court, Lane County, George J. Woodrich, Judge.

E. B. Sahlstrom, Eugene, filed the brief for appellants. With him on the brief was Sahlstrom Dugdale, Eugene.

Lawrence F. Cooley, Eugene, filed the brief for respondents.

Before Richardson, Presiding Judge, and Newman and Deits^_, Judges.

_ Deits, J., vice Warden, J.

PER CURIAM

Affirmed.

PER CURIAM

Defendants appeal from judgments ordering specific performance of a land sale contract, entering judgment for the unpaid balance, ordering a sheriff's sale without right of redemption if the judgment is not paid and specifying that plaintiffs could execute on any deficiency.

Our review of the record convinces us that the remedy of specific performance is not so harsh or oppressive in this case that it should be denied. Renard v. Allen, 237 Or. 406, 418, 391 P.2d 777 (1964). No statutory right of redemption exists following foreclosure of an equitable vendor's lien even though the vendor may obtain a deficiency judgment. Emco Investment, Inc. v. Vaden, 60 Or. App. 762, 655 P.2d 220 (1982).

Affirmed.