D'ANGELO v. SCHULTZ

TC 86-CV-70; CA A43934; SC S35014.

760 P.2d 866 (1988)

306 Or. 504

Judy D'ANGELO and Alice L. "Bunny" Owen, Respondents On Review, v. Louis F. SCHULTZ, Jr., Personal Representative of the Estate of Juliette Lackey, Deceased, Petitioner On Review, Charles Morrison and Leorene N. Javoric, Defendants.

Supreme Court of Oregon, In Banc.

Decided August 30, 1988.


Attorney(s) appearing for the Case

Christopher A. Ledwidge, Medford, argued the cause for petitioner on review. With him on the petitions was Frohnmayer, Deatherage, deSchweinitz, Pratt & Jamieson, P.C., Medford.

Gary A. Rankin, Beaverton, argued the cause and filed a response to the petition for respondents on review.


PER CURIAM.

Plaintiffs sought specific performance of an earnest money agreement for the purchase of an apartment building in Grants Pass, or, alternatively, damages for breach of that agreement. Plaintiffs also sought tort damages for misrepresentation. Defendants Schultz and Morrison moved for summary judgment, arguing, inter alia, that the agreement was unenforceable because, although defendant Schultz had signed the earnest money agreement, that agreement...

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