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LOGAN v. D.W. SIVERS CO.

(CC C031273CV; CA A125412; SC S54251).

169 P.3d 1255 (2007)

343 Or. 339

Lillian R. LOGAN, Respondent on Review, v. D.W. SIVERS CO., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided October 18, 2007.

Attorney(s) appearing for the Case

Thomas M. Christ, of Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief were Julie A. Smith, also from Cosgrave Vergeer Kester LLP, and Michael B. Merchant and James M. Baumgartner, of Black Helterline LLP, Portland.

James E. Mountain, Jr., of Harrang Long Gary Rudnick, P.C., Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Jona Maukonen.

Thomas S. Smith and Gregory A. Chaimov, of Davis Wright Termaine, LLP, Portland, filed the brief for amici curiae Oregon Association of Realtors, Inc., and Commercial Association of Realtors Oregon/SW Washington, Inc.

GILLETTE, J.

This case arises out of a property owner's promise to a prospective buyer to refrain from soliciting or accepting offers from other potential buyers for a specified period of time, during which time the parties anticipated that they would be able to negotiate a binding agreement for the sale and purchase of the property in question. At issue is the enforceability of such a promise, when it is made in the context of a "letter of intent" that elsewhere...

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