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PHILLIPS v. JOHNSON

514 P.2d 1337 (1973)

Stanley PHILLIPS and Maxine Phillips, Husband and Wife, Respondents, v. Arthur R. JOHNSON and Beverly Jean Johnson, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided September 27, 1973.

Attorney(s) appearing for the Case

Robert C. Anderson, Astoria, argued the cause for appellants. With him on the brief were Anderson, Fulton, Lavis & Van Thiel, Astoria.

Jeanyse R. Snow, Astoria, argued the cause for respondents. With her on the brief were Macdonald, Dean, McCallister & Snow and Robert C. Macdonald, Astoria.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is a suit for specific performance of an "earnest money receipt" for the sale of land near Astoria. Defendants appeal from a decree by which the trial judge ordered the parties to "perform pursuant to a land sale contract as contemplated by the earnest money receipt," the terms of such "contract" being attached to that decree.

Defendants contend that: (1) the trial court erred in denying defendants' motion for a jury trial; (2) the legal...

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