ANAHEIM CO. v. HOLCOMBE


246 Or. 541 (1967)

426 P.2d 743

ANAHEIM COMPANY, Appellant, v. HOLCOMBE ET AL, Respondents.

Supreme Court of Oregon.

Affirmed April 19, 1967.


Attorney(s) appearing for the Case

Michael F. McClain, Corvallis, argued the cause for appellant. On the brief were Ringo, Walton & McClain, Corvallis.

Laverne M. Johnson, Corvallis, argued the cause for respondents Holcombe and Mariner. On the brief were Thomas & Johnson, Corvallis.

Richard T. Kropp, Albany, argued the cause for respondents Jelen. On the brief were Willis, Kyle, Emmons & Kropp, Albany.

Before PERRY, Chief Justice, and GOODWIN, DENECKE and REDDING, Justices.


AFFIRMED.

REDDING, J. (Pro Tempore).

The plaintiff appeals from a judgment dismissing its complaint with prejudice. The action was tried to the court without a jury.

The plaintiff in its complaint alleges two separate counts. In the first count plaintiff seeks to recover the sum of $5,000 paid on account of the purchase price of real property under an earnest money agreement. In the second count recovery of the sum of $5,000 is sought based upon the...

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