BENTZ v. WALLOWA TITLE COMPANY

87-03-9462; CA A45308.

761 P.2d 10 (1988)

93 Or.App. 27

Vergil L. BENTZ and Richard Houlette, Respondents, v. WALLOWA TITLE COMPANY, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1988.


Attorney(s) appearing for the Case

Lorin M. Ricker, Enterprise, argued the cause for appellant. On the briefs was Joel K. Ricker and Ricker & Ricker, P.C., Enterprise.

William R. Kirby, Enterprise, argued the cause and filed the brief for respondents.

Before WARDEN, P.J., GRABER, J., and RIGGS, J. Pro Tem.


GRABER, Judge.

Defendant appeals a judgment for plaintiffs in this action for breach of an escrow agreement. The jury found defendant liable for having paid out the money in its possession without complying with the oral instructions that it had received. Defendant asserts that it did not violate its instructions, because plaintiffs and the seller improperly rescinded the underlying contract, and that, as a matter of law, plaintiffs suffered no damage. We affirm....

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