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PASTEGA v. ZWALD

22-660; CA A38255.

743 P.2d 1151 (1987)

88 Or.App. 6

Dennis PASTEGA, Respondent-Cross-Appellant, v. Edna ZWALD, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided October 21, 1987.

Attorney(s) appearing for the Case

Douglas E. Kaufman, Tillamook, argued the cause for appellant-cross-respondent. With him on the briefs was Kaufman & McMinimee, Tillamook.

Barbee B. Lyon, Portland, argued the cause for respondent-cross-appellant. With him on the briefs was Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

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

RICHARDSON, Presiding Judge.

Defendant appeals the trial court's denial of attorney fees for her successful defense in an action for specific performance of an earnest money agreement. Plaintiff cross-appeals on the merits. We reverse on the attorney fees issue but affirm on the merits.

Defendant agreed to sell real property to plaintiff for $57,000 by an earnest money agreement executed on March 26, 1979. The contract contained a time of the essence

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