STONE-FOX, INC. v. VANDEHEY DEVELOPMENT CO.

No. 39-004; CA 14608; SC 27140.

626 P.2d 1365 (1981)

290 Or. 779

STONE-FOX, INC., a Corporation, Appellant-Respondent, v. VANDEHEY DEVELOPMENT CO. and Jack P. Leonard, Respondents-Petitioners.

Supreme Court of Oregon.

Decided April 7, 1981.


Attorney(s) appearing for the Case

Thomas A. Huffman, Hillsboro, argued the cause for respondents-petitioners. With him on the briefs were Andrew M. Rich, and Huffman & Zenger, Hillsboro.

James N. Westwood, Portland, argued the cause for appellant-respondent. With him on the briefs were Richard A. Edwards, and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and CAMPBELL, JJ.


TONGUE, Justice.

This is a suit for specific performance of an earnest money agreement to sell a tract of land. Plaintiff contends that Vernon Vandehey and Jack Leonard were partners for the purpose of the development and sale of that tract of land and that, as such, the act of Mr. Vandehey in signing that agreement was binding upon Mr. Leonard even though he did not sign the agreement.

The trial court held for the defendants based upon findings (1) that the...

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