SCHMIDT v. OREGON ASPHALTIC PAVING CO.

90-8-306; CA A81203.

879 P.2d 204 (1994)

129 Or. App. 324

George G. SCHMIDT and Annette D. Schmidt, husband and wife, Respondents, v. OREGON ASPHALTIC PAVING COMPANY, a corporation, Appellant.

Court of Appeals of Oregon.

Decided August 3, 1994.

Review Denied October 18, 1994.


Attorney(s) appearing for the Case

Todd A. Bradley, Portland, argued the cause and filed the briefs for appellant.

Paul Terrance Thalhofer, Canby, argued the cause for respondents. With him on the brief was Reif & Reif.

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


EDMONDS, Judge.

Defendant appeals from a judgment for plaintiffs declaring the parties' earnest money agreement null and void. ORS 28.020. We reverse.

On July 14, 1988, the parties signed an earnest money agreement wherein defendant agreed to purchase 177 acres of land from plaintiffs for $1,000,000. Among several contingencies, the agreement provided for the following condition, which is the focal point of the parties' dispute:

"[S]ale contingent...

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