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TARLOW v. KELLY

95C852672; CA A95147.

970 P.2d 688 (1999)

158 Or. App. 7

Arthur L. TARLOW, Respondent, v. Andrew M. KELLY and Arthur D. Carlson, Appellants.

Court of Appeals of Oregon.

Decided January 6, 1999.

Attorney(s) appearing for the Case

Gregory J. Englund, Portland, argued the cause for appellant Andrew M. Kelly. With him on the briefs was Hooper, Englund & Weil LLP.

Wade V. Regier, Portland, argued the cause for appellant Arthur D. Carlson. On the opening brief were Gary M. Bullock and Bullock & Regier, P.C.

Michael A. Cox, Portland, argued the cause and filed the brief for respondent.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

WARREN, P.J.

In this action, plaintiff seeks to recover $10,000 earnest money that he deposited in escrow as part of an agreement to purchase an apartment building from defendant Carlson. Defendants argue that Carlson is entitled to $5,000 of the earnest money and that defendant Kelly, Carlson's broker, is entitled to the other $5,000. The jury found for plaintiff, and defendants appeal. We affirm.

We state the facts...

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