ASHLEY v. METZ

No. A7706-08329; CA 14287.

621 P.2d 671 (1980)

49 Or.App. 1105

Robert N. ASHLEY, Appellant, v. Ben METZ, Respondent.

Court of Appeals of Oregon.

Decided December 29, 1980.


Attorney(s) appearing for the Case

Paul Gerhardt, Portland, argued the cause and filed the briefs for appellant.

Lee M. Hess, Portland, argued the cause for respondent. With him on the brief were Marvin S.W. Swire and Swire & Riebe, Portland.

Before GILLETTE, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

Plaintiff appeals from a final decree of the trial court denying equitable compensation for defendant's failure to convey real property pursuant to an earnest money agreement. The agreement, signed on March 11, 1977, provided that the premises be sold "free from encumbrances except easements, conditions and restrictions of record, and any mortgages and liens which Buyer has agreed to assume."

Both parties were aware at the time the agreement...

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