CARPENTER v. KRANINGER


225 Or. 594 (1960)

358 P.2d 263

CARPENTER v. KRANINGER

Supreme Court of Oregon.

Reversed December 29, 1960.

Petition for rehearing denied January 31, 1961.


Attorney(s) appearing for the Case

David M. Spiegel, Portland, argued the cause for the appellant. With him on the briefs were Lenske, Spiegel and Spiegel, Portland.

Martin Schedler, Portland, argued the cause for the respondent. With him on the brief were Schedler & Moore, Portland.

Before McALLISTER, Chief Justice, ROSSMAN, PERRY, GOODWIN and KING, Justices.


REVERSED.

KING, J. (Pro Tempore)

This action was brought against the defendant for the return of payment made on an earnest money contract.

The third amended complaint consisted of three counts. The amended answer was a general denial, and a further and separate answer and defense alleging, in effect, that plaintiff had violated the earnest money agreement and that defendants were not required nor entitled to return plaintiff's money.

The jury...

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