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KING CITY REALTY, INC. v. SUNPACE CORP.

No. A7812-19657, CA 17276; SC 27654.

633 P.2d 784 (1981)

291 Or. 573

KING CITY REALTY, INC., an Oregon Corporation, Dba Prestige Properties, Respondent, v. SUNPACE CORPORATION, an Oregon Corporation, Petitioner.

Supreme Court of Oregon, In Banc.

Decided September 16, 1981.

Attorney(s) appearing for the Case

Charles S. Tauman, Portland, argued the cause for petitioner. With him on the briefs were Gregory A. Hartman, and Willner, Bennett, Bobbit & Hartman, Portland.

Steven K. Blackhurst, Portland, argued the cause for respondent. With him on the briefs was Lindsay, Hart, Neil & Weigler, Portland.

TONGUE, Justice.

This is an action for damages for breach of a land sale contract. The contract provided not only that defendant would purchase seven lots at $15,000 each, for a total of $105,000, but included a "list back" agreement under which defendant agreed to list exclusively with plaintiff realty company for resale the lots purchased by defendant under the agreement after construction of houses on such lots.

Plaintiff's complaint alleged that defendant...

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