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COOK v. DESLER

No. CC 78-754; CA 17167.

627 P.2d 885 (1981)

52 Or.App. 5

Victor H. COOK, Appellant, v. Henry C. DESLER and Mary F. Desler and Holladay Place, Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided May 4, 1981.

Attorney(s) appearing for the Case

Thomas J. Moore, Hillsboro, argued the cause for appellant. With him on the briefs was Brink, Moore, Brink & Peterson, Hillsboro.

Thomas E. Sweeney, Cannon Beach, argued the cause for respondents. With him on the brief was Sweeney & Casterline, Cannon Beach.

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

JOSEPH, Presiding Judge.

This is a suit for specific performance of an earnest money agreement for the sale of stock of a closely held corporation. Plaintiff (purchaser) appeals from a decree denying the requested relief. The trial court found that the earnest money agreement was a "binding agreement," but denied specific performance on the basis that conditions precedent to performance of the agreement by defendants had not been satisfied.1

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