SHANNON v. MATHERS


531 P.2d 705 (1975)

Robert L. SHANNON and Barbara W. Shannon, Respondents, v. Kenneth MATHERS and Betty Mathers, Appellants.

Supreme Court of Oregon.

Decided January 30, 1975.


Attorney(s) appearing for the Case

Charles E. Boardman, Bend, argued the cause and filed a brief for appellants.

No appearance contra. William Holmes of Gray, Fancher, Holmes & Hurley, Bend, filed a brief for respondents.

Before O'CONNELL, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.


O'CONNELL, Chief Justice.

This is an action at law to recover money had and received by defendants for the use of plaintiffs. Plaintiffs are the buyers and defendants are the sellers under an earnest money contract for the sale of real estate. The trial court entered a judgment for plaintiffs for the amount of their earnest money deposit. Defendants appeal.

On August 31, 1972, the parties executed a contract for the sale to plaintiffs of a home and five acres...

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