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Taylor v. Jackson

October 4, 1973

TAYLOR ET AL, RESPONDENTS,
v.
JACKSON, APPELLANT, JACKSON ET AL, RESPONDENTS, LOHMAN, INTERVENOR-APPELLANT



Appeal from Circuit Court, Washington County. J. S. Bohannon, Judge.

Keith Burns, Portland, argued the cause for appellant Margaret B. Jackson. With him on the brief was Jane Edwards.

Vincent G. Robeson, Lake Oswego, argued the cause and filed briefs for appellant Robert Lohman.

Rodney C. Adams, Beaverton, argued the cause for respondents Taylor and Hilton. With him on the briefs was Jon B. Lund of Thompson, Adams & Lund.

Donald N. McGiffin of Myatt, Bolliger & Hampton, P.C., Beaverton, argued the cause and filed briefs for respondent Dallas Jackson.

In Banc. McAllister, J.

Mcallister

This is a suit for the dissolution of a joint venture in a real estate development and for an accounting. The trial court dissolved the joint venture and directed that its assets be sold and the profits divided, 50 per cent to plaintiff Taylor, 25 per cent to plaintiff Hilton, and the remaining 25 per cent to be divided equally between defendant Dallas Jackson and his former wife Margaret Jackson. The defendant Margaret Jackson appeals, claiming that she is entitled to a larger share of the profits. The intervenor Robert

Lohman appeals from that portion of the decree denying his claim for additional attorney fees.

This controversy arose out of the purchase and attempted development of a tract of about 26 acres on the outskirts of Hillsboro. Eight acres of the tract were in the city and the balance outside the city limits. Margaret Jackson and her husband Dallas found the property and wanted to purchase it for development. They were unable to finance the transaction and contacted Frank Hilton, who, with his wife, had participated with the Jacksons in a prior real estate venture with each family having a 50 per cent interest. Hilton agreed to join with the Jacksons in purchasing the Hillsboro property. He was to furnish the money and the Jacksons were to do the development work, particularly having the eight acres in the city rezoned to permit the construction of condominiums. There was no written agreement between the Hiltons and the Jacksons concerning the purchase of the Hillsboro property.

The initial step in acquiring the property was taken on July 6, 1968, by the signing of an earnest money agreement providing for the sale of the property on contract by the defendants William and Ruth Enschede to the Hiltons and Jacksons for $55,000. $500 was paid by Hilton as earnest money and $11,500 was to be paid at closing. The contract of sale was to provide for payments of $400 per month. The earnest money agreement named Frank and Doris Hilton, husband and wife, and Dallas and Margaret Jackson, husband and wife, as purchasers, but the agreement was never signed by Doris Hilton. The sale was contingent upon the purchasers being able to have the eight acres within the city limits rezoned for multiple

family dwellings and upon their securing ...


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