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FREEDMAN v. CHOLICK ET UX

233 Or. 569 (1963)

379 P.2d 575

FREEDMAN v. CHOLICK ET UX

Supreme Court of Oregon.

Affirmed March 13, 1963.

Attorney(s) appearing for the Case

Paul R. Meyer, Portland, argued the cause for appellant. With him on the briefs were Kobin & Meyer, Portland.

Thomas J. Moore, Portland, argued the cause for respondents and cross-appellants. With him on the briefs were Schedler & Moore, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

This is an action for damages for breach of contract.

Plaintiff paid defendant $250 for an option to buy a corner lot in downtown Portland for $115,000. Plaintiff in due course elected to exercise the option. Defendant was unable to deliver possession. This action followed. Plaintiff demanded in damages the difference between $115,000 and $132,000, the alleged market value of the property at the time he exercised the option. He...

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