DAVIS v. ANDERSON

9110-06601; CA A74313.

847 P.2d 877 (1993)

118 Or. App. 357

Donald W. DAVIS, Respondent, v. Darwin K. ANDERSON and Doris B. Anderson, Appellants.

Court of Appeals of Oregon.

Decided February 24, 1993.

Review Denied May 25, 1993.


Attorney(s) appearing for the Case

Darwin K. Anderson, Portland, filed the briefs for appellants.

James N. Esterkin, Portland, filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


PER CURIAM.

Defendants appeal from a summary judgment. ORCP 47 C. Plaintiff moved for summary judgment on the basis that a condition precedent to an agreement with defendants for the purchase of real property had not been met and therefore, he was entitled to the return of his earnest money. The agreement provides that defendants must accept or reject plaintiff as a buyer within five days of defendants' receipt of plaintiff's financial statement. In support of his...

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