DAN BUNN, INC. v. BROWN

TC 23149; SC 25446.

590 P.2d 209 (1979)

285 Or. 131

DAN BUNN, INC., and Dan Bunn, Individually, Appellants-Cross-Respondents, v. Milton O. BROWN and Donald E. Kettleberg, Respondents-Cross-Appellants, Mary Jean Ratzlaff and Lavern Ratzlaff, Respondents.

Supreme Court of Oregon, Department 2.

Decided February 7, 1979.


Attorney(s) appearing for the Case

Robert Mix, Corvallis, argued the cause and filed the brief for appellants-cross-respondents.

Gary Rueter of Marsh, Marsh, Haugeberg, Rueter & Phillips, P.C., McMinnville, argued the cause and filed the brief for respondents-cross-appellants Milton O. Brown and Donald E. Kettleberg.

John Bryan of DeArmond, Sherman & Bryan, Salem, argued the cause and filed a brief of respondents Mary Jean Ratzlaff and Lavern Ratzlaff.

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


TONGUE, Justice.

This is a suit by a real estate developer against two Portland attorneys for specific performance of an earnest money agreement for the sale of approximately one thousand acres of undeveloped land in Polk County.1 Defendants alleged as defenses that plaintiff failed and neglected to perform all of the conditions of the sale within 30 days, as provided by the agreement, and that after a request by plaintiff for an extension...

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