ALEXANDER v. HUGHES


472 P.2d 818 (1970)

David ALEXANDER, Appellant, v. Flossie L. HUGHES, Respondent.

Supreme Court of Oregon.

Decided July 29, 1970.


Attorney(s) appearing for the Case

Carlton W. Hodges and William E. Hurley, Portland, argued the cause for appellant. With William E. Hurley, Portland, on the briefs were Bernard & Hurley, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Margy J. Lampkin, Oregon City, and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before McALLISTER, and SLOAN, O'CONNELL, DENECKE, HOLMAN and HOWELL, JJ.


SLOAN, Justice.

Although this proceeding was initiated for a declaratory judgment, in reality it is a suit for the specific performance of an earnest money agreement in which plaintiff was the proposed purchaser and the defendant the proposed seller. The trial court, in a written opinion, found that the plaintiff's agent had engaged in misleading conduct inducing the defendant to sign the document and refused to enforce it. Plaintiff appeals.

The evidence...

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