TRACHSEL v. BARNEY


503 P.2d 696 (1972)

Merle TRACHSEL, Appellant, v. W.A. BARNEY and Venita Barney, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 7, 1972.


Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause for appellant. With him on the briefs were Ringle & Herndon, Gladstone.

John C. Anicker, Jr., Oregon City, argued the cause for respondents. With him on the brief were Jack, Goodwin & Anicker, Oregon City.


HOWELL, Justice.

Plaintiff filed this suit seeking specific performance of a contract to purchase real property or, in the alternative, to recover damages in the event specific performance is denied. The trial court entered a decree dismissing the suit, and plaintiff appeals.

On October 13, 1969, plaintiff and defendants entered into an agreement whereby defendants agreed to sell to plaintiff a tract of land in Oregon City. The agreement provided that the...

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