TASAKI v. MORIARTY

05CV0323MA; A139285.

225 P.3d 68 (2009)

233 Or. App. 51

Egan Y. TASAKI and Edwin N. Tasaki, Plaintiffs-Respondents, v. Lee N. MORIARTY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 30, 2009.


Attorney(s) appearing for the Case

Steven K. Chappell argued the cause and filed the briefs for appellant.

Gerald A. Martin, Bend, argued the cause for respondents. With him on the brief were Martin E. Hansen and Francis Hansen & Martin, LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


SCHUMAN, J.

Plaintiffs agreed to buy property from defendant and deposited $25,000 in escrow as earnest money. Defendant delayed, and, as a result, the sale did not close. Plaintiffs filed an action against defendant for breach of the purchase contract, seeking specific performance, or, "[i]n the event [that] specific performance is not available," return of their earnest money. The trial court declined to order specific performance, but ordered that defendant return...

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