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LOGAN v. D.W. SIVERS CO.

C031283CV; A125412.

141 P.3d 589 (2006)

207 Or. App. 231

Lillian R. LOGAN, Appellant-Cross-Respondent, v. D.W. SIVERS CO., an Oregon corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided August 2, 2006.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Adina Matasaru, Jona J. Maukonen, and Harrang Long Gary Rudnick PC.

Michael B. Merchant argued the cause for respondent-cross-appellant. With him on the briefs were James M. Baumgartner, Portland, Margaret E. Schroeder, and Black Helterline LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

This case involves the enforceability of a "nonshop" provision contained in a letter of intent to enter into a final purchase and sale agreement for real property. In the "nonshop" provision, defendant, the seller, promised not to solicit other offers or contract to sell the property to a third party for a period of 60 days. The property at issue was a shopping mall that plaintiff intended to buy as part of a section 1031 exchange1...

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