WITTICK v. MILES


521 P.2d 349 (1974)

George E. WITTICK and Beverly Wittick, Husband and Wife, Appellants, v. Roberta MILES, Personal Representative of the Estate of Charles C. Miles, Deceased, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 25, 1974.


Attorney(s) appearing for the Case

James C. Lynch of Conn & Lynch, Lakeview, argued the cause for appellants. Also on the briefs was Thomas L. Story, Lakeview.

Forrest E. Cooper, Lakeview, argued the cause and filed a brief for respondent.


O'CONNELL, Chief Justice.

This is a suit for specific performance of an agreement based on an earnest money receipt for the purchase of real and personal property. Defendant demurred to the complaint on the ground that it did not allege facts sufficient to constitute a cause of suit in that plaintiffs had failed to allege payment of the purchase price into court. The trial court sustained the demurrer. Plaintiffs refused to plead over and the trial court dismissed...

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