OREGON SOUTHWEST, LLC v. KVATERNIK

04CV0408; A127567.

164 P.3d 1226 (2007)

214 Or. App. 404

OREGON SOUTHWEST, LLC, an Oregon limited liability company, Plaintiff-Respondent, v. Joseph KVATERNIK and Carolynn Kvaternik, husband and wife, Defendants-Appellants.

Court of Appeals of Oregon.

Decided August 8, 2007.


Attorney(s) appearing for the Case

Clayton C. Patrick, Portland, argued the cause and filed the briefs for appellants.

Bruce L. Campbell, Portland, argued the cause for respondent. With him on the brief was Miller Nash LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and SIMPSON, Judge pro tempore.


SCHUMAN, J.

Having determined that an "Owner's Sale Agreement and Earnest Money Receipt" for the sale of real property contained all of the essential terms of a complete agreement and that no unsatisfied condition precedent existed, the trial court granted plaintiff's motion for summary judgment and ordered specific performance. On appeal, defendants contend that a condition precedent — defendants' attorney's review and approval of all documents relevant to...

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