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ILLINGWORTH v. BUSHONG

No. 80-108-L; CA A20104.

656 P.2d 370 (1982)

61 Or.App. 152

Robert A. ILLINGWORTH, Respondent-Cross-Appellant, v. Charles R. BUSHONG, Ruby Bushong and George Chick Iverson, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided December 29, 1982.

Reconsideration Denied February 17, 1983.

Review Allowed March 22, 1983.

Attorney(s) appearing for the Case

Walter L. Cauble, Grants Pass, argued the cause for appellants-cross-respondents. With him on the briefs was Schultz, Salisbury & Cauble, Grants Pass.

Patrick G. Huycke, Medford, argued the cause and filed the brief for respondent-cross-appellant.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

GILLETTE, Presiding Judge.

Plaintiff brought this action to recover his earnest money deposit, which defendants had retained after plaintiff had defaulted on a contract to purchase their ranch. Plaintiff contends that the liquidated damages provision is unenforceable as a penalty. The trial court agreed and awarded plaintiff judgment for the amount of his deposit ($50,000), less defendants' actual damages of $6,500. Defendants appeal the court's ruling that the liquidated...

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