Rodger HEINZEL and Judith Heinzel, Aka J.A.W. Heinzel, Respondents On Review,
v.
Grace F. BACKSTROM, Leonard Johnson and Larry Johnson, Petitioners On Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted February 8, 1990.
Decided June 21, 1990.
Attorney(s) appearing for the Case
Michael J. Martinis, Salem, argued the cause and filed the petition for petitioner on review Grace F. Backstrom. With him on the petition was Webb and Martinis, Salem.
Michael G. Gunn, Newberg, argued the cause and filed the petition for petitioners on review Leonard Johnson and Larry Johnson. With him on the petition was Michael G. Gunn, P.C., Newberg.
Michael B. Mendelson, Portland, argued the cause for respondents on review. On the response were Wade V. Regier, William E. Loose, and Gary M. Bullock, P.C., Portland.
Before PETERSON, C.J., and CARSON, JONES, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.
Supreme Court of Oregon.
VAN HOOMISSEN, Justice.
Plaintiffs Rodger and Judith Heinzel brought this action for specific performance of an agreement for the sale of real property owned by defendant Backstrom. The first and dispositive issue is whether the agreement is a contract. The trial court found the agreement to be a contract; but it also found that because the Heinzels had not tendered performance by the agreed closing date, Backstrom had been...
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