SPENCER ET UX v. ELLIS


216 Or. 554 (1959)

339 P.2d 1116

SPENCER ET UX v. ELLIS

Supreme Court of Oregon.

Reversed June 3, 1959.


Attorney(s) appearing for the Case

William K. Shepherd, Portland, argued the cause and filed a brief for appellant.

David C. Silven, Baker, argued the cause for respondents. With him on the brief were Banta, Silven & Horton, Baker.

Before McALLISTER, Chief Justice, and ROSSMAN, LUSK, WARNER, PERRY, CRAWFORD and MILLARD, Justices.


REVERSED.

CRAWFORD, J. (Pro Tempore)

Defendant appeals from a decree directing specific performance of a contract for the sale and exchange of real properties in Baker and Multnomah counties.

The four assignments of error present three questions. Was defendant's offer to purchase accepted, resulting in a binding contract; if so, is defendant entitled to rescission; if not, was specific performance properly decreed.

1. The essential facts are...

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