ALK v. LANINI

No. 80-2842-NJ-2; CA A23633.

656 P.2d 367 (1982)

61 Or.App. 158

Howard N. ALK and Joan Alk, Appellants, v. Henry E. LANINI and Kathryn L. Lanini, Respondents.

Court of Appeals of Oregon.

Decided December 29, 1982.


Attorney(s) appearing for the Case

Walter D. Nunley, Medford, argued the cause and filed the brief for appellants.

William V. Deatherage, Medford, argued the cause for respondents. On the brief were John B. Rogers and Frohnmayer, Deatherage, deSchweinitz & Eads, Medford.

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


GILLETTE, Presiding Judge.

Plaintiffs appeal from a trial court decree denying them specific performance of an earnest money agreement on the ground that they failed to make a timely tender of the down payment. We reverse, because defendants' prior repudiation of the contract relieved plaintiffs of the duty to tender the money.

On October 14, 1978, plaintiff-purchasers and defendant-sellers entered into an agreement for the sale of 293 acres in Jackson County...

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