PRESTIGE HOUSE, INC. v. MERRILL

No. A7808-12890; CA 16887.

624 P.2d 188 (1981)

51 Or.App. 67

PRESTIGE HOUSE, INC., Respondent, v. Gordon MERRILL, Appellant.

Court of Appeals of Oregon.

Decided March 2, 1981.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were Schwenn, Bradley, Batchelor & Brisbee, DeMar L. Batchelor, Hillsboro, Spears, Lubersky, Campbell & Bledsoe, and James H. Clarke, Portland.

Alan H. Tuhy, Portland, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.


YOUNG, Judge.

Plaintiff-purchaser brought suit to enforce an earnest money agreement for the sale of a parcel of undeveloped real property in Multnomah County. The trial court, without written findings of fact, granted specific performance. We review de novo and affirm.

The only question presented by this appeal is whether plaintiff's failure to perform timely a condition precedent (acquisition of two building...

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