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HUSZAR v. CERTIFIED REALTY COMPANY

538 P.2d 57 (1975)

Louis HUSZAR, Sr., Appellant, v. CERTIFIED REALTY COMPANY, an Oregon Corporation, et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided July 17, 1975.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the briefs for appellant.

J. Robert Jordan, Jordan & Jordan, Portland, argued the cause for respondent Certified Realty Co. On the brief with him was Michael R. Jordan, Portland.

TONGUE, Justice.

Plaintiff, who paid $5,000 to defendant, a real estate broker, as a down payment under an earnest money agreement that was never completed, seeks to recover damages for the forfeiture of that down payment.1 Defendant demurred to plaintiff's complaint upon the ground that this court "has previously ruled" that plaintiff is not entitled to the return of that down payment, citing our previous decision in Huszar v. Certified...

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