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MARTIN v. DILLON

No. A7905-02110; CA A20047.

642 P.2d 1209 (1982)

56 Or.App. 734

Delmar A. MARTIN, Appellant, v. Dennis L. DILLON, Respondent, Dennis L. Dillon and Helen C. Dillon, Respondents, v. Delmar A. Martin, Appellant.

Court of Appeals of Oregon.

Decided April 5, 1982.

Reconsideration Denied May 13, 1982.

Attorney(s) appearing for the Case

Alonzo P. Stiner, Portland, argued the cause and filed the briefs for appellant. With him on the reply brief was Lovett & Stiner, Portland.

Jeffrey M. Batchelor, Portland, argued the cause for respondents. With him on the brief were James H. Clarke, David B. Markowitz, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

YOUNG, Judge.

Plaintiff appeals from a judgment that ordered specific performance of an earnest money agreement. Plaintiff, the buyer, brought an action seeking the return of a $2,000 deposit paid pursuant to the agreement. Defendants counterclaimed for specific performance or alternatively for damages for breach of the agreement. The counterclaim for specific performance was tried first to the court without a jury. The resulting judgment for defendants

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