VAN v. FOX


564 P.2d 695 (1977)

278 Or. 439

Roger M. VAN, Michael J. Safley, and Curtis Irving, Respondents, v. Joseph M. FOX and Elizabeth F. Fox, Appellants.

Supreme Court of Oregon, In Banc.

Decided May 24, 1977.


Attorney(s) appearing for the Case

Malcolm H. Scott, of Young, Horn, Cass & Scott, Eugene, argued the cause for appellants. With him on the briefs was Edward P. Thompson, Jr., Eugene.

William H. Wiswall, Springfield, argued the cause for respondents. With him on the brief were Jill E. Golden, and Lively & Wiswall, Springfield.


HOWELL, Justice.

This is a suit for specific performance of an agreement to develop certain real property as a joint venture by the plaintiffs and the defendants. At trial, the defendants contended that plaintiffs had repudiated the agreement and, therefore, were not entitled to specific performance. The trial court rejected defendants' argument and entered a decree granting specific performance. Defendants appeal from that decree. On appeal, however, defendants have...

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