ILLINGWORTH v. BUSHONG

TC 80-108-L, CA A20104, SC 29315.

688 P.2d 379 (1984)

297 Or. 675

Robert A. ILLINGWORTH, Respondent On Review, v. Charles R. BUSHONG, Ruby Bushong, and George Chick Iverson, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Reassigned November 29, 1983.

Decided September 5, 1984.

Rehearing Denied October 23, 1984.


Attorney(s) appearing for the Case

Walter L. Cauble, Grants Pass, argued the cause for petitioners on review. With him on briefs was Schultz, Salisbury & Cauble, Grants Pass.

Patrick G. Huycke, Medford, argued the cause and filed briefs for respondent on review.


LENT, Justice.

The narrow issue is whether the trial court erred in deciding that a forfeiture clause in an earnest money agreement was not a valid liquidated damages provision. We hold that there was no error in that respect. The broader question addressed in this opinion is how the validity of such clauses is to be tested.

Undisputed Facts

Defendants owned a 373 acre ranch, which they listed for sale in July, 1978. Plaintiff viewed the property...

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