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GAFFI v. BURNS

563 P.2d 726 (1977)

278 Or. 327

William C. GAFFI and Jill M. Gaffi, husband and wife, Appellants, v. Robert G. BURNS et al., Respondents.

Supreme Court of Oregon, Department 2.

Decided May 10, 1977.

Attorney(s) appearing for the Case

Martin W. Van Zeipel, Portland, argued the cause and filed the brief for appellants.

George G. VanNatta, of VanNatta & Peterson, St. Helens, argued the cause and filed the brief for respondents.

Before DENECKE, C.J., and TONGUE, BRYSON and DAVIS, JJ.

TONGUE, Justice.

This is a suit for specific performance of an earnest money agreement for the sale of land brought by the purchasers against the sellers. Plaintiffs appeal from a decree denying specific performance, based upon findings of fact to the effect that (1) the evidence was insufficient to prove that one of the two husbands who signed the earnest money agreement as sellers (Mr. Burns) had authority to sign it for his wife (Mrs. Burns); (2) "it was up to...

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