ZYGAR v. JOHNSON

(16-98-08994; CA A105018)

10 P.3d 326 (2000)

169 Or. App. 638

Larry H. ZYGAR and Margaret L. Zygar, husband and wife, Appellants, v. Richard E. JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided September 13, 2000.


Attorney(s) appearing for the Case

G. David Jewett, Springfield, argued the cause for appellants. With him on the briefs was Thorp, Purdy, Jewett, Urness & Wilkinson, P.C.

Donald J. Churnside, Eugene, argued the cause for respondent. On the brief were Sheryl Hansen Baker and Gaydos, Churnside & Baker, P.C.

Before LANDAU, Presiding Judge, and linder and BREWER, Judges.


LINDER, J.

In this action on an earnest money agreement for the sale of property, the trial court granted defendant buyer's motion for summary judgment against plaintiffs sellers' claim for breach of contract based on buyer's refusal to complete the sale. Sellers appeal. We review the summary judgment record in the light most favorable to sellers to determine whether there are any genuine issues of material fact and whether buyer was entitled to judgment as a matter...

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