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ENGELKING v. BOYCE

563 P.2d 703 (1977)

278 Or. 237

Theodore W. ENGELKING and Hazel Marie Engelking, Appellants, v. F. Hays BOYCE, Respondent.

Supreme Court of Oregon, Department 2.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause for appellants. With him on the brief was Darrell E. Bewley, Portland.

Gile R. Downes, Portland, argued the cause for respondent. With him on the brief were Jensen, DeFrancq, Holmes & Schulte, Portland.

Before DENECKE, C.J., and TONGUE, LINDE and O'CONNELL, JJ.

O'CONNELL, Justice Pro Tem.

This is an action to recover damages for breach of contract brought against defendant real estate broker. Based upon evidence in the record of previous litigation between the same parties and involving the same transaction,1 the trial court found that defendant had performed the contract and therefore allowed defendant's motion for summary judgment. Plaintiffs appeal.

The evidence establishes that in...

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