LOST SPRINGS DEVELOPMENT v. WHITELEY

89C10655; CA A63098.

807 P.2d 304 (1991)

106 Or. App. 162

LOST SPRINGS DEVELOPMENT, INC., Sharon Kelly, Zane Kelly, and Tracy Kelly, Appellants, v. Arthur WHITELEY and Barbara Whiteley, Respondents.

Court of Appeals of Oregon.

Decided February 27, 1991.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellants. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Steven R. Summers, Stayton, argued the cause and filed the brief for respondents.

Before WARREN, P.J., JOSEPH, C.J., and EDMONDS, J.


EDMONDS, Judge.

Plaintiffs appeal a judgment that dismissed their claim for specific performance of a purported agreement regarding the sale of real property.1 On de novo review, ORS 19.125(3), we affirm.

In 1979, defendants sold the Detroit Lake Marina and Store to the Brandts, secured by a note and trust deed. The Brandts sold the property to plaintiffs in 1985 by a contract of sale. Plaintiffs defaulted on their obligation...

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