WAVERLY CONST. CO., INC. v. GOLD INV. CO.

No. 41-954; CA A22150.

652 P.2d 880 (1982)

60 Or.App. 101

WAVERLY CONSTRUCTION CO., Inc., an Oregon Corporation, Respondent, v. GOLD INVESTMENT COMPANY, a Partnership Consisting of C.G.O. Enterprises, Inc., and Ginther Engineering, Inc.; C.G.O. Enterprises, Inc., Dba J.C.O. Development Co., Appellants.

Court of Appeals of Oregon.

Decided October 27, 1982.


Attorney(s) appearing for the Case

Marjorie Anne Speirs, Portland, argued the cause for appellants. With her on the briefs were S. Ward Greene, and McMenamin, Joseph, Babener, Greene & Perris, Portland.

Fred A. Anderson, Tigard, argued the cause for respondent. With him on the brief was Anderson, Dittman & Anderson, Tigard.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Justice.

Plaintiff seeks recovery of earnest money paid during negotiations for the purchase of real estate by plaintiff from defendants. Defendants appeal from a trial court judgment that found that no binding contract existed between the parties and that plaintiff was entitled to the return of its earnest money deposit. The threshold question is whether the parties had a meeting of the minds with respect to the date of performance of the contract...

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