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GOODMAN v. NJUST

No. 78-2-355; CA 16631.

622 P.2d 761 (1981)

50 Or.App. 203

Roger L. GOODMAN, Appellant-Cross-Respondent, v. Lowell NJUST, John G. Vandenberg, M.D., and Scott Sidwell, Personal Representative of the Estate of Howard Sidwell; Scott Sidwell, Individually, and Susan Biggs, Individually, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided February 3, 1981.

Attorney(s) appearing for the Case

Robert T. Scherzer, Portland, argued the cause for appellant-cross-respondent. On the briefs were Wheelock, Niehaus, Hanna, Murphy, Green & Osaka, and Jeffrey S. Seymour, Portland.

Paul D. Schultz, Oregon City, argued the cause for respondents-cross-appellants. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Plaintiff sought specific performance of an earnest money agreement. The trial court entered a decree dismissing the complaint on the merits. Plaintiff appeals and asks that on de novo review we find that defendants are estopped from asserting the time of the essence provision of the agreement. We make the same conclusion as did the trial judge: Defendants were not estopped.

Defendants cross-appeal the trial court's denial of...

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