JONES v. NUNLEY


547 P.2d 616 (1976)

William David JONES, Respondent, v. Walter D. NUNLEY, Appellant.

Supreme Court of Oregon.

Decided April 2, 1976.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause and filed briefs for appellant.

A.E. Piazza, Medford, argued the cause and filed a brief for respondent.

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


HOWELL, Justice.

Plaintiff filed this action to recover $2,500 paid to defendant as earnest money on a proposed sale by defendant to plaintiff of 80 acres owned by defendant in Jackson County. The action was tried by the court without a jury, and findings and judgment were entered in favor of plaintiff. Defendant appeals.

Some time prior to April, 1973, a realtor, Phil Deupree, contacted defendant regarding a sale...

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