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McINNIS v. LIND

00002-01550; A115791.

108 P.3d 578 (2005)

198 Or. App. 139

Steven J. McINNIS, Appellant-Cross-Respondent, v. George W. LIND, Jr., Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided March 2, 2005.

Attorney(s) appearing for the Case

Peter R. Mersereau, Portland, argued the cause for appellant-cross-respondent. On the briefs were Thomas W. McPherson and Mersereau & Shannon, LLP.

Kenneth P. Childs, Portland, argued the cause for respondent-cross-appellant. On respondent-cross-appellant's answering brief and opening brief on cross-appeal were Christine A. Kosydar, David E. Van't Hof, and Stoel Rives LLP. On respondent-cross-appellant's reply brief on cross-appeal were Christine A. Kosydar, Scott E. Crawford, and Stoel Rives LLP.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

ORTEGA, J.

This is a case involving an alleged oral modification of a written option to purchase real property. Defendant, the would-be seller, denies that the parties agreed to any modification. Plaintiff, the would-be buyer, insists that the written option agreement was modified and seeks specific performance of the agreement as modified. The trial court agreed with defendant that the claimed oral modification was barred by the statute of frauds because there was...

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