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HOWARD v. THOMAS

526 P.2d 552 (1974)

Murray HOWARD, Respondent, v. James L. THOMAS and Ann M. Thomas, Appellants.

Supreme Court of Oregon.

Decided September 26, 1974.

Attorney(s) appearing for the Case

J.C. VanVoorhees of Bodie, Minturn, VanVoorhees & Larson, Prineville, argued the cause and filed the briefs for appellants.

Roy Kilpatrick, John Day, argued the cause for respondent. With him on the brief were George F. Rakestraw, Redmond; Milo W. Pope and Galbreath & Pope, Milton-Freewater.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

Argued and Submitted May 6, 1974 at Pendleton.

HOWELL, Justice.

Plaintiff filed this suit for specific performance of an earnest money receipt in which the defendants agreed to sell a ranch to plaintiff. The trial court entered a decree allowing specific performance subject to certain conditions, and defendants appeal.

The earnest money receipt provided the defendants would sell certain real property to plaintiff for $54,480, with $14,480 as "earnest...

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