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CESSNUN v. DAILY

050748; A134281.

194 P.3d 861 (2008)

223 Or. App. 213

Brian Keith CESSNUN, Plaintiff-Respondent, v. James Phillip DAILY, Jerry Howe and Elaine Howe, husband and wife, Defendants-Appellants.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Jeff Waarvick, Newport, argued the cause for appellants. With him on the joint briefs were Waarvick & Waarvick, and Richard Diaz and Macpherson, Gintner, Gordon & Diaz.

Sheryl Balthorp argued the cause for respondent. With her on the brief was Gaydos, Churnside & Balthorp, P.C.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant James Phillip Daily (Daily) contracted to sell real property to plaintiff Brian Cessnun (Cessnun). The transaction did not close, and Daily subsequently agreed to sell the property to defendants Jerry and Elaine Howe (the Howes). Cessnun brought an action to compel specific performance of his earnest money contract with Daily and for a declaration that his right to purchase the property was superior to any claim of the Howes. The trial court...

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