Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

Frances P. FRANKLIN, Kaye Franklin and Regena P. Franklin, dba EFKR Properties, Respondents, v. Hubert B. STERN and Lee E. Stern, Appellants, and Robert BENNETT and Settler's Corner, Inc., an Oregon corporation, Defendants.

ROSSMAN, J.

Reconsideration allowed; opinion modified and adhered to as modified.

ROSSMAN, J.

We treat defendants' petition for review in this case as a petition for reconsideration, ORAP 9.15, and allow it to correct a factual error in our opinion. 122 Or. App. 306, 858 P.2d 142 (1993). We erroneously understood that, in reliance on defendants' 1987 promise to sell Sun Country to plaintiffs after bankruptcy, plaintiffs deeded their 35 percent interest in the stock of Settler's Corner to Settler's Corner. In fact, the record shows that plaintiffs deeded to Settler's Corner only their interest in the real property, not their interest in the corporation. We correct our misstatement of the facts, but it does not change our conclusions, based on Frances Franklin's testimony, that defendants are estopped to assert the Statute of Frauds, that there were no material terms left to be decided or that the parties had a final, enforceable agreement for the sale of Settler's Corner to plaintiffs at a price of $50,000 cash before April 19, 1991, or $60,000 at nine percent annual interest, with monthly payments of $525 over 20 years.

Reconsideration allowed; opinion modified and adhered to as modified.

Use AI to get other relevant cases.

Comments

FRANKLIN v. STERN
(Nov 3, 1993)