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BEIK v. AMERICAN PLAZA CO.

572 P.2d 305 (1977)

280 Or. 547

Harry F. BEIK and Dorothy H. Beik, Husband and Wife, Edgar F. Arnold and Evelyn W. Arnold, Husband and Wife, Neil L. Bowen and Diane L. Bowen, Husband and Wife, T.M. Curtin, Kenneth D. Fennell and Antoinette Fennell, Husband and Wife, G.E. Gjerde and Mabel M. Gjerde, Husband and Wife, Florida Kissling, Marian R. Morley, Jan Mauritz, E.E. Oberhofer, Riley H. Taylor and Catherine M. Taylor, Husband and Wife, Frank P. Tracy and Evelynne Tracy, Husband and Wife, Ronald L. Travers and Judy A. Travers, Husband and Wife, Jeannine B. Cowles, Respondents-Cross-Appellants, v. AMERICAN PLAZA CO., a Corporation, and W.C. Sivers Co., a Corporation, Appellants-Cross-Respondents, American Condominium Homes, Inc., a Corporation, Defendant.

Supreme Court of Oregon, Department 1.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Miles J. Sweeney, Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Richard J. Brownstein, David J. Sweeney and Gilbertson, Brownstein, Sweeney & Kerr, Portland.

Paul R. Meyer, Portland, argued the cause for respondents-cross-appellants. With him on the briefs were Elizabeth H. Yeats and Kobin & Meyer, Portland.

Before DENECKE, C.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

HOWELL, Justice.

This is a suit in equity for specific performance of a contract or, alternatively, for money damages for breach of the contract. The plaintiffs, condominium purchasers, prevailed in the trial court and the defendants appeal.

Defendant American Plaza Company is the owner and developer of a high-rise condominium development in Portland, Oregon, called the American Plaza (Plaza). The Plaza, when completed...

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