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THE SIMMS CO. v. WOLVERTON ET AL

232 Or. 291 (1962)

375 P.2d 87

THE SIMMS CO. v. WOLVERTON ET AL, TREW CORPORATION

Supreme Court of Oregon.

Reversed and remanded October 17, 1962.

Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed the brief for appellant.

Clifford B. Olsen, Portland, argued the cause and filed the brief for respondent Wolverton.

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

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the defendant, Trew Corporation, from a decree of the circuit court which ordered the disbursement of $3,000 of earnest money which Trew had deposited with the plaintiff June 7, 1960, when Trew proposed to purchase a parcel of real property owned by the defendant Wolverton and which he had listed for sale with the plaintiff real estate broker. At the time of the proposal Trew signed a part of a paper...

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