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ROBERTSON v. JONES

571 P.2d 905 (1977)

Joyce ROBERTSON, Plaintiff-Appellant, Cross-Respondent, v. Gretchen M. JONES and Lida B. Jones, Defendants and Third-Party Plaintiffs-Respondents, Cross-Appellants, v. Reliable Realty, Inc., an Oregon Corporation, and Phyllis Jenkins, Third-Party Defendants.

Supreme Court of Oregon, Department 2.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Robert B. Carlson, Portland, argued the cause and filed a brief for plaintiff-appellant, cross-respondent.

R. William Riggs of Willner, Bennett, Riggs & Skarstad, Portland, argued the cause and filed a brief for defendants and third-party plaintiffs-respondents, cross-appellants Jones.

Before HOWELL, P.J., LENT and LINDE, JJ., and TOMPKINS, J. Pro Tem.

LINDE, Justice.

Plaintiff, as the buyer in a contract for the sale of a home, appeals from a decree denying her specific performance and instead awarding her $700 in damages. Defendant sellers cross-appeal from the award of damages. The central question presented on this review de novo, ORS 19.125(3), is whether specific performance should be granted on the following facts.

Mrs. Lida Jones and her daughter, Gretchen Jones, listed their home for sale...

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