NELSON v. BROSTOFF

A8209-05728; CA A26783.

689 P.2d 1056 (1984)

70 Or.App. 486

Roger A. NELSON, Donald R. Dwyer and Roderick O'Hearn, Appellants, v. Benjamin BROSTOFF, Respondent.

Court of Appeals of Oregon.

Decided October 31, 1984.

Reconsideration Denied December 21, 1984.


Attorney(s) appearing for the Case

John S. Folawn, Portland, argued the cause for appellants. With him on the briefs were Lee S. Aronson, and Holmes, DeFrancq & Schulte, P.C., Portland,

James N. Westwood, Portland, argued the cause for respondent. With him on the brief were John F. Neupert, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

Plaintiffs brought this action to specifically enforce a contract whereby defendant purportedly agreed to sell all of the stock of Rico's Red Lion Pizza Parlors, Inc., to plaintiffs. Defendant moved for summary judgment on the ground that the alleged contract violated the "applicable statutes of fraud [sic]." The trial court granted the motion, plaintiffs appeal and we affirm.

After the parties reached some level of preliminary...

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