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PACIFIC WESTERN DEV. v. SUMMIT EXCHANGE

Nos. 9102-00729; CA A72390.

848 P.2d 1246 (1993)

118 Or. App. 693

PACIFIC WESTERN DEVELOPMENT CORPORATION, an Oregon corporation, Appellant, v. SUMMIT EXCHANGE COMPANY, an Oregon corporation; J. Peterkort & Company, an Oregon limited partnership; and Peterkort Management Company, an Oregon corporation, Respondents.

Court of Appeals of Oregon.

Decided March 17, 1993.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for appellant. On the brief were Jack L. Orchard, Mark L. Cushing and Ball, Janik & Novack, Portland.

Philip N. Jones, Portland, argued the cause for respondents. With him on the brief were Stephen J. Klarquist and Duffy, Kekel, Jensen & Bernard, Portland.

Before ROSSMAN, P.J., and DE MUNIZ and LANDAU, JJ.

LANDAU, Judge.

Plaintiff appeals from a declaratory judgment for defendants on a disputed provision in a pair of earnest money agreements. We affirm.

Defendants J. Peterkort & Company and Peterkort Management Company ("the Peterkorts") owned a large parcel of property located in eastern Washington County. Although zoned for single-family residential use, the property had been held for many years as farm property...

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