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RALSTON v. SPOOR

No. 49536; CA 10738.

593 P.2d 1285 (1979)

39 Or.App. 833

Allen J. RALSTON and Phyllis W. Ralston, Husband and Wife, Respondents, v. Daniel L. SPOOR and Kathleen S. Spoor, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided April 30, 1979.

Attorney(s) appearing for the Case

T.W. Churchill, Salem, argued the cause for appellants. With him on the briefs was Churchill & Leonard, Salem.

James G. Nelson, Albany, argued the cause for respondents. With him on the brief was Goode, Goode, Decker, Beckham & Nelson, P.C., Albany.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

THORNTON, Judge.

Defendants appeal from a determination that they are liable in damages for failure to carry out terms of an earnest money contract by which they agreed to sell certain property.

In May 1976 defendants agreed to sell their 85-acre farm. The earnest money contract by which said agreement was memorialized contained the following provision:

"Seller to provide prior to closing a lease of 55 acres at $90 per acre for a five year term."...

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