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STERNES v. TUCKER

239 Or. 105 (1964)

396 P.2d 881

STERNES v. TUCKER ET AL

Supreme Court of Oregon.

Affirmed October 21, 1964.

Petition for rehearing denied November 17, 1964.

Attorney(s) appearing for the Case

Jesse R. Himmelsbach, Jr., Baker, argued the cause and submitted a brief for appellant.

David C. Silven, Baker, argued the cause for respondents. On the brief were Banta, Silven & Young, Baker.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

DENECKE, J.

Buyer Sternes sued real estate broker Tucker and seller O'Bryant for $5,000 earnest money previously paid Tucker. The jury found for the plaintiff; however, the court granted judgment n.o.v. for the defendants.

The principal issue is whether plaintiff's obligation was subject to an oral condition which had not been fulfilled. The complaint alleges that the earnest money agreement was "subject to, and conditioned thereon...

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