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JULE v. WALSH

84-3811-NJ-2; CA A40375.

742 P.2d 65 (1987)

87 Or.App. 266

Theron N. JULE and Elizabeth A. Jule, Husband and Wife, Respondents, v. John G. WALSH and Zoe E. Walsh, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided September 9, 1987.

Attorney(s) appearing for the Case

P. David Ingalls, Medford, argued the cause for appellants. With him on the briefs was Cowling & Heysell, Medford.

Garrison F. Turner, Medford, argued the cause for respondents. With him on the brief was Frohnmayer, Deatherage, de Schweinitz, Pratt & Jamieson, P.C., Medford.

Before WARDEN, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.

WARDEN, Presiding Judge.

Defendants appeal from a judgment1 that specifically enforces an earnest money agreement and requires defendants to deed to plaintiffs all of the tract described in the agreement rather than only the portion of it that defendants had actually deeded. Defendants assert that the agreement merged into the deed and that, therefore, it is no longer specifically enforceable. We disagree and, reviewing de novo,

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