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HELMER v. TRANSAMERICA TITLE INS. CO.

569 P.2d 10 (1977)

279 Or. 457

Garry HELMER and Barbara Helmer, Husband and Wife, Appellants/Cross-Respondents, v. TRANSAMERICA TITLE INSURANCE CO., a Corporation, Defendant, and John A. Nelson and Doreen H. Nelson, Husband and Wife, Respondents/Cross-Appellants.

Supreme Court of Oregon, In Banc.

Decided September 13, 1977.

Attorney(s) appearing for the Case

Fred A. Anderson, Tigard, argued the cause for appellants/cross-respondents. With him on the briefs were Anderson, Dittman & Anderson, Tigard.

Robert L. Fulkerson, Portland, argued the cause for respondents/cross-appellants. On the brief were F.R. Cornilles and Cornilles & Banton, Portland.

BRYSON, Justice.

Plaintiffs Helmer and defendants Nelson executed an earnest money receipt wherein plaintiffs agreed to buy a house from defendants. The sale was not completed, and plaintiffs brought this action to recover funds they had deposited in escrow with Transamerica Title Insurance Co. (Transamerica).1 The defendants' answer denied plaintiffs' right to such funds and counterclaimed for damages caused by plaintiffs' alleged breach...

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