USINGER v. CAMPBELL


572 P.2d 1018 (1977)

280 Or. 751

Norman USINGER and Patricia S. Usinger, Appellants, v. Dora Belle CAMPBELL, Respondent.

Supreme Court of Oregon, Department 2.

Decided December 28, 1977.


Attorney(s) appearing for the Case

Sam Kyle, Albany, argued the cause for appellants. With him on the briefs was Emmons, Kyle, Kropp & Kryger, Albany.

Robert T. Scott, Albany, argued the cause for respondent. With him on the brief was Scott & Norman, Albany.

Before DENECKE, C.J., TONGUE and BRYSON, JJ., and GILLETTE, J. Pro Tem.


BRYSON, Justice.

Plaintiffs brought this suit for specific performance of an earnest money agreement. The trial court denied specific performance and dismissed plaintiffs' complaint. Plaintiffs appeal.

The parties signed the earnest money agreement in December 1975. Pursuant to its terms, plaintiffs paid $250 as earnest money and were to pay $5,000 down and the balance of $4,750 "[u]pon acceptance of title and delivery of deed or contract * * *." The agreement...

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