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HEINZEL v. BACKSTROM

CV 86-410; CA A47524.

779 P.2d 1037 (1989)

98 Or.App. 171

Rodger HEINZEL and Judith Heinzel, Aka J.A.W. Heinzel, Appellants, v. Grace F. BACKSTROM, Leonard Johnson and Larry Johnson, Respondents.

Court of Appeals of Oregon.

Decided September 6, 1989.

Reconsideration Denied October 27, 1989.

Attorney(s) appearing for the Case

Michael B. Mendelson, Portland, argued the cause and filed the briefs for appellants. With him on the briefs was Michael B. Mendelson, P.C., Portland.

Michael J. Martinis, Salem, argued the cause and filed the brief for respondent Grace F. Backstrom.

Michael G. Gunn, Newberg, argued the cause and filed the brief for respondents Leonard Johnson and Larry Johnson.

Before GRABER, P.J., JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

Plaintiffs seek specific performance of an agreement for the sale of a commercial building and two lots in Newberg owned by defendant Backstrom. The trial court found that there had been a valid contract of sale originally but that Backstrom was entitled to sell the property to defendants Johnson1 after plaintiffs did not deposit the purchase price in escrow by the agreed closing date. Plaintiffs assert that the court...

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