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STEEL PRODUCTS CO. OF ORE. v. FMD CORP.

579 P.2d 855 (1978)

282 Or. 513

STEEL PRODUCTS COMPANY OF OREGON, Inc., an Oregon Corporation, Respondent, v. FMD CORPORATION, an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Michael D. Williams, of Williams, Stark, Hiefield, Norville & Griffin, Portland, argued the cause and filed briefs for appellant.

Bert E. Joachims, of Klosterman & Joachims, Portland, argued the cause and filed a brief for respondent.

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

GILLETTE, Justice Pro Tem.

Plaintiff brought this action at law to recover a deposit of $5,000 paid to defendant in conjunction with an oral agreement for the sale of land. Plaintiff contends that it gave defendant the $5,000 check to be held until a formal written agreement for the purchase of land was consented to by all contracting parties. Defendant, on the other hand, contends that the $5,000 was given as a part payment on an already finalized parol agreement...

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