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MURRAY v. SMUCKER

450 P.2d 545 (1969)

Robert G. MURRAY, Appellant, v. Wilton D. SMUCKER and Anna Mary Smucker, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 2.

Decided February 13, 1969.

Attorney(s) appearing for the Case

John H. Horn, Roseburg, argued the cause for appellant. With him on the briefs was P.J. Washburn, Roseburg.

Robert H. Anderson, Roseburg, argued the cause for respondents. With him on the brief were Stults, Jayne, Murphy & Anderson, Roseburg.

Before SLOAN, P.J., and GOODWIN and HOLMAN, JJ.

HOLMAN, Justice.

Plaintiff brought an action to recover for the breach of an earnest money agreement for the sale of real property. It was tried by the court without a jury. Plaintiff appealed from a judgment for defendants.

Plaintiff and defendants entered into a written earnest money agreement for the sale on contract of defendants' farm to plaintiff. Defendants did not have title because they were purchasing the property on contract from some people by...

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