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PAINTER v. HUKE

2954-89; CA A75317.

862 P.2d 566 (1993)

124 Or. App. 353

John C. PAINTER, aka John C. Webber and Cheer Painter, Respondents—Cross-Appellants, v. Joe HUKE, aka Keith L. Huke, Charles E. Miller, aka Charlie Miller, and Circle Bar Cattle Company, Inc., Appellants— Cross-Respondents.

Court of Appeals of Oregon.

Reargued July 28, 1993.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Gerald A. Martin filed the briefs for appellants—cross-respondents. With him on the briefs was Francis & Martin, Bend.

Michael D. Henderson, Bend, argued the cause and filed the brief for respondents— cross-appellants.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Defendants appeal and plaintiffs cross-appeal from a judgment granting plaintiffs specific performance of an earnest money agreement and awarding damages to plaintiffs. On de novo review, we reverse on appeal. ORS 19.125(3).

In August, 1989, defendant Huke listed 200 acres in Wheeler County, a backhoe and a trailer for sale for $35,000. Plaintiffs approached Huke about purchasing the property, and Huke told them that it was listed with...

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