McDONALD v. CULLEN


559 P.2d 506 (1977)

277 Or. 35

Terry D. McDONALD, Appellant, H. Edward Burke and James L. Litchfield, Plaintiffs, v. Clayton E. CULLEN and Irene T. Cullen, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided January 27, 1977.


Attorney(s) appearing for the Case

M. Chapin Milbank, Schlegel, Milbank, Wheeler & Jarman, Salem, argued the cause and filed briefs for appellant.

Ray W. Shaw, Webb & Shaw, Salem, argued the cause and filed a brief for respondents.

Before HOLMAN, P.J., TONGUE, HOWELL, LINDE, MENGLER, JJ., and BRADSHAW, J. pro tem.


BRADSHAW, Justice pro tem.

This is a suit in equity for specific performance of an earnest money contract wherein the plaintiffs seek to compel defendants to sell land and the office building thereon to the plaintiffs.

The trial court by decree denied specific performance of the contract and dismissed plaintiffs' complaint.

Plaintiff Terry D. McDonald appeals from the trial court's decree. We affirm.

The plaintiff makes two assignments of error...

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