Plastino v. Mills

236 F.2d 32 Michael R. PLASTINO and Ruth C. Plastino, Appellants, v. Estber MILLS and Edna Mills, Husband and Wife; Ray Douglas and Pauline Douglas, Husband and Wife; Sigmund Wendling and Dorothy Wendling, Husband and Wife; Loran D. Harveston; Lyle Simmons, George Hodgdon, C. K. Warren and Oscar Tittle, Appellees. No. 14789. United States Court of Appeals Ninth Circuit. July 31, 1956. Robert R. Rankin, Portland, Or., for appellants. Irving Rand, William C. Ralston, Portland, Or., George P. Winslow, Tillamook, Or., for appellees. Before STEPHENS, BONE and CHAMBERS, Circuit Judges. CHAMBERS, Circuit Judge. 1 On November 7, 1945, Mills and wife as vendors, by written contract agreed to sell on monthly installment terms to R. F. Hogan and Sally Hogan a forest tract in Tillamook County, Oregon. Within three months thereafter the Hogans transferred to Michael R. Plastino and Ruth C. Plastino their interest as vendees. The Plastinos were the plaintiffs below and are appellants here. 2 Early in the life of the Mills-Hogan contract the Plastinos' performance became rag tag. This seems to have been with the written assent of Mills. However, the contract had a strict forfeiture clause in it…