MIKKELSON v. DALY


555 P.2d 458 (1976)

276 Or. 551

William L. MIKKELSON, Respondent, v. Robert F. DALY and Robert James Daly, Appellants.

Supreme Court of Oregon, Department 1.

Decided October 21, 1976.


Attorney(s) appearing for the Case

C.S. Emmons, of Emmons, Kyle, Kropp & Kryger, Albany, argued the cause and filed a brief for appellants.

George B. Heilig, of Thomas & Johnson, Corvallis, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOLMAN, TONGUE and SLOPER, JJ.


PER CURIAM.

The plaintiff-buyer was awarded $12,500 by the court, sitting without a jury, in this action for breach of an earnest money agreement. The defendants-sellers appeal and contend there was no substantial evidence of damage, and particularly damages in the amount of $12,500. We conclude there was.

The parties do not disagree that the measure of damages is the difference between the sales price and the value of the property. The sales price was to...

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