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DAVID M. SCOTT CONSTRUCTION CORP. v. ROUSH

544 P.2d 162 (1975)

DAVID M. SCOTT CONSTRUCTION CORP., an Oregon Corporation, Respondent, v. James L. ROUSH, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 26, 1975.

Attorney(s) appearing for the Case

Frank V. Langfitt III, Portland, argued the cause for appellant. With him on the brief were Howard R. Hedrick, and Hedrick, Fellows, McCarthy & Zikes, P.C., Portland.

Robert D. Herndon of Ringle & Herndon, Gladstone, argued the cause and filed a brief for respondent.

BRYSON, Justice.

Plaintiff brought this action on a written earnest money agreement to recover an overpayment on the purchase price for certain land. The trial court found in favor of plaintiff and entered judgment accordingly. Defendant appeals.

The parties executed an earnest money agreement and addendum wherein plaintiff agreed to purchase 8.392 acres in Washington County to subdivide for residential purposes. Both parties are licensed real estate brokers...

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