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LITVIN v. ENGESETHER

Nos. 39-554; A21444, 39-966; A21143.

678 P.2d 1232 (1984)

67 Or.App. 240

Vernon A. LITVIN and Mildred Litvin, Appellants-Cross-Respondents, v. Ronald ENGESETHER, Respondent-Cross-Appellant. Maring & Associates, Inc., an Oregon Corporation, Respondent, v. Ronald Engesether, Appellant.

Court of Appeals of Oregon.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Marianne Bottini, Portland, argued the cause for appellants-cross-respondents Vernon A. Litvin and Mildred Litvin. With her on the briefs was Bottini & Bottini, Portland.

Carlton W. Hodges, Portland, argued the cause for respondent-cross-appellant and appellant Ronald Engesether. With him on the briefs was McClaskey, Horenstein & Wynne, Portland.

Michael J. Gentry, Portland, argued the cause for respondent Maring & Associates, Inc., an Oregon corporation. On the brief were Stephen R. Frank, and Tooze, Kerr, Marshall & Shenker, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

This is a consolidated appeal of two actions, one by plaintiffs Litvin (the Litvins) for specific performance of a land sale contract, which we review de novo, and the other by plaintiff Maring & Associates (Maring) to recover a real estate broker's commission on the sale to the Litvins, which we review for errors of law. The two cases were also consolidated for trial to the court.

The trial court advised the parties by letter dated...

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