CLEVELAND v. MILLER

No. 810789; CA A22320.

654 P.2d 1133 (1982)

60 Or.App. 574

Darrel D. CLEVELAND, Appellant, v. Albina J. MILLER, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1982.


Attorney(s) appearing for the Case

Edward L. Daniels, Albany, argued the cause and filed the brief for appellant.

Michael Duane Brown, Salem, argued the cause for respondent. On the brief were Kathy A. Lincoln, and Churchill, Leonard, Brown & Donaldson, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Plaintiff appeals the dismissal of his suit for specific performance of a land sales contract. We reverse and remand.

Plaintiff was the buyer and defendant the seller of a piece of real property. The essence of plaintiff's amended complaint was that the deed defendant had offered in return for plaintiff's tender of the full purchase price did not conform to the terms of the land sales contract, because the deed contained certain exceptions,...

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