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BOORAS v. UYEDA

CA 18375; SC 28634, 28663.

666 P.2d 791 (1983)

295 Or. 181

George J. BOORAS, Respondent On Review and Petitioner On Review, v. Tokiko UYEDA, Respondent On Review, and Constance Fenwick, Petitioner On Review and Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided June 29, 1983.

Rehearing Denied August 2, 1983.

Attorney(s) appearing for the Case

R. Bruce Dusterhoff of Case & Dusterhoff, Portland, argued the cause and filed briefs and petition for petitioner/respondent Booras on review.

Larry A. Dawson, Portland, argued the cause and filed briefs and petition for respondent/petitioner Fenwick on review.

Gerald R. Pullen, Portland, filed a brief for respondent Uyeda.

PETERSON, Justice.

This is a suit for specific performance of an earnest money agreement which provided for later execution of a land sale installment contract. We hold that if the buyer seeks to avoid the contractual indefiniteness which would prevent specific performance of the contract on an installment basis by paying the entire balance in cash, the buyer must allege, in the complaint, facts showing why such relief is...

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