UREY v. DEAL

CA 129,504; CA A29720.

687 P.2d 1137 (1984)

70 Or.App. 175

Bruce C. UREY and Marilyn Urey, Husband and Wife, Dba Willamette Empire, Appellants, v. J. Richard DEAL, Respondent, and Valley Credit Service, Inc.; United States of America; and the State of Oregon, Defendants.

Court of Appeals of Oregon.

Decided September 26, 1984.


Attorney(s) appearing for the Case

Norman F. Webb, Salem, argued the cause for appellants. On the briefs were Michael J. Martinis and Webb & Martinis, Salem.

Joseph H. Hobson, Jr., Salem, argued the cause for respondent. With him on the brief was Lien & Hobson, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

In this action for specific performance of a land sale contract, defendant vendee alleged as an affirmative defense that vendors had waived the time-essence clause, which allowed a ten-day grace period, and had neither reinstated it nor granted vendee a reasonable time within which to pay the unpaid installments. The trial court concluded that vendee had established that defense and that vendors were not entitled to specific performance.

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