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VIEW POINT TERRACE, LLC v. McELROY

040302999; A128597.

160 P.3d 1023 (2007)

213 Or. App. 281

VIEW POINT TERRACE, LLC, an Oregon limited liability company, Plaintiff-Appellant, v. Alena McELROY, Defendant-Respondent, and Fairway Commercial Mortgage, Defendant.

Court of Appeals of Oregon.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Timothy J. Vanagas, Gresham, argued the cause for appellant. With him on the opening brief was Samuel T. Stanke, Portland.

John M. Berman, Tigard, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and DEITS, Judge pro tempore.

EDMONDS, P.J.

Plaintiff appeals after the trial court dismissed its claim for specific performance of an agreement for plaintiff to buy and defendant to sell real property in southwest Portland. On de novo review, ORS 19.415(3), we reverse.

Defendant owns three undeveloped lots in the John's Landing area. On April 28, 2003, plaintiff, a limited liability company, sent a letter through its representative, Everett...

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