CAMERON v. BENSON

Nos. TC A7901-00080, CA 18573, SC 28685.

664 P.2d 412 (1983)

295 Or. 98

Scott Jay CAMERON and Susan Marie Cameron, Petitioners On Review, v. James P. BENSON and Melba V. Benson, Respondents On Review, v. Safeco Title Insurance Company of Oregon, Respondent.

Supreme Court of Oregon.

Decided June 1, 1983.

Rehearing Denied June 28, 1983.


Attorney(s) appearing for the Case

Ted M. Miller, Portland, argued the cause for petitioners on review. With him on the briefs was McCormick & Reynolds, Portland.

John S. Marandas, Portland, argued the cause for respondents on review. On the briefs was Gary J. Lekas, Portland.

Robert T. Scherzer, Portland, filed a brief in the Court of Appeals for respondent. With him on the brief was Wheelock, Niehaus, Hanna, Murphy, Green & Osaka, Portland.

Before LENT, C.J., and LINDE, PETERSON, TANZER, CAMPBELL and CARSON, Justices.


CARSON, Justice.

Plaintiffs, as purchasers, brought this action for specific performance of a contract to convey real property. In the event that Defendants failed to specifically perform, Plaintiffs alternatively requested a judgment in the amount of the value of the real property less the unpaid balance on the contract. The trial court found that Plaintiffs were entitled to equitable relief and granted specific performance. In the alternative, upon the failure of...

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