JITNER v. GERSCH DEVELOPMENT CO.

A8605-02797, CA A48432.

789 P.2d 704 (1990)

101 Or.App. 220

Walter JITNER, Appellant, v. GERSCH DEVELOPMENT COMPANY, an Oregon Partnership; Gersch Construction Company, an Oregon Partnership; Daniel J. Gersch; Steven M. Gersch; Joseph L. Gersch, Jr., and Antoinette K. Gersch, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided April 4, 1990.


Attorney(s) appearing for the Case

Michael S. Evans, Portland, argued the cause for appellant. With him on the briefs were Gary I. Grenley and Grenley, Rotenberg, Laskowski, Evans & Bragg, P.C., Portland.

G. Kenneth Shiroishi, Portland, argued the cause for respondents. With him on the brief was Dunn, Carney, Allen, Higgins & Tongue, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Plaintiff buyer appeals from the judgment for defendant sellers in this action for breach of a contract for the sale of five multiple-unit residential buildings. The trial court granted defendants' motion for a directed verdict on the ground, inter alia, that plaintiff had not performed a number of conditions precedent to defendants' performance, including the tender of earnest money. Plaintiff's first assignment is that the court erred by granting...

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