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POVEY v. CLOW

93-CV-0490-TM; CA A88206.

934 P.2d 528 (1997)

146 Or. App. 760

Robert R. POVEY and Nancy M. Povey, husband and wife, Appellants-Cross-Respondents, v. Gary L. CLOW, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided March 5, 1997.

Attorney(s) appearing for the Case

Stanley E. Clark, Redmond, argued the cause and filed the briefs for appellant— cross-respondent.

William J. Storie argued the cause for respondent—cross-appellant. With him on the brief were John D. Sorlie and Bryant, Lovlien & Jarvis, Bend.

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

ARMSTRONG, Judge.

Plaintiffs Robert and Nancy Povey brought an action for specific performance of a contract for the sale of real property. Defendant counterclaimed, seeking rent for plaintiffs' use of the property. The trial court entered a judgment denying specific performance but awarding plaintiffs $2,020. On de novo review, we reverse on plaintiffs' appeal and on defendant's cross-appeal.

In 1977, plaintiffs purchased commercial land in Redmond...

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