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SEAL v. POLEHN

No. 77-5-266; SC 25494.

586 P.2d 345 (1978)

284 Or. 259

O.T. SEAL, Appellant, v. Gladys A. POLEHN, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 15, 1978.

Attorney(s) appearing for the Case

John C. Anicker, Jr., Oregon City, argued the cause and filed a brief for appellant.

Vawter Parker, Portland, argued the cause for respondent. With him on the brief were John P. Bledsoe, and Dezendorf, Spears, Lubersky & Campbell, Portland.

HOWELL, Justice.

This is a suit for specific performance of an earnest money receipt relating to the sale of real property. Defendant filed a demurrer to the complaint on the ground the complaint failed to state a cause of suit, contending the earnest money receipt was too indefinite to allow specific performance. The court believed the consideration was illusory, and there was no mutuality of obligation, and sustained the...

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