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HUSZAR v. CERTIFIED RLTY. CO.

562 P.2d 1184 (1977)

278 Or. 29

Louis HUSZAR, Sr., Appellant, v. CERTIFIED REALTY COMPANY, an Oregon Corporation, et al., Respondents.

Supreme Court of Oregon, Department 1.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the briefs for appellant.

J. Robert Jordon, Portland, argued the cause for respondent Certified Realty Company.

Gordon H. Price, Molalla, argued the cause for respondents Krupicka.

Both counsel filed a joint brief.

Before DENECKE, C.J., and TONGUE, HOWELL and LENT, JJ.

TONGUE, Justice.

This is an action for fraud and conversion by which the purchaser of land seeks to recover $5,000 paid by him as a down payment and declared by the defendants to have been forfeited under the terms of the earnest money contract upon his failure to pay an additional $5,000 due upon closing of the transaction.

This is the third time that this case has been before this court. See 266 Or. 614, 512 P.2d 982

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