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VANDEVENTER v. DALE CONSTRUCTION COMPANY

534 P.2d 183 (1975)

Gary T. VANDEVENTER and Patsy Vandeventer, Husband and Wife, Appellants, v. DALE CONSTRUCTION COMPANY, and Amfac Mortgage Corporation, Formerly Known As Commonwealth, Inc., Respondents.

Supreme Court of Oregon.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Floyd Hinton, Portland, argued the cause for appellants. With him on the briefs were Deich, Deich & Hinton, Portland.

Mark S. Dodson, Portland, argued the cause for respondent Amfac Mortgage Corporation. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, and Oglesby H. Young, Portland.

Ralph Bolliger of Myatt, Bolliger & Hampton, P.C., Beaverton, argued the cause and filed the brief for respondent Dale Construction Company.

Before McALLISTER, P.J., and DENECKE, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is a suit for specific performance by the purchasers of a house and lot against both the seller of the house and the mortgage company which allegedly reneged upon a loan commitment to provide funds for the purchase of the house. Both defendants filed demurrers to the complaint, which were sustained. Plaintiffs appeal.

The complaint alleges that plaintiffs entered into an earnest money agreement with defendant Dale Construction Company...

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