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HODECKER v. BUTLER

No. 30360; A26371.

667 P.2d 540 (1983)

64 Or.App. 167

Willetta E. HODECKER, Appellant, v. Robert C. BUTLER and Hub Real Estate, Inc., Respondents.

Court of Appeals of Oregon.

Decided August 3, 1983.

Attorney(s) appearing for the Case

Edward P. Fitch, Redmond, argued the cause and filed the brief for appellant.

Stanley E. Clark, Redmond, argued the cause for respondents. With him on the brief was Clark & Clark, Redmond.

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

NEWMAN, Judge.

Plaintiff appeals from a summary judgment for defendants. We reverse in part and affirm in part.

Plaintiff's first claim alleged that she signed an earnest money agreement with defendant Butler and his wife, that Butler promised to pay plaintiff $5,000 as earnest money and gave her a note for the earnest money, that the sale of the house was to close on or before April 1, 1981, that the title of the property was marketable, but that Butler refused...

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