Osborn v. Likens

Court of Appeals of Oregon

Osborn v. Likens

659 P.2d 1021, 62 Or. App. 192, 1983 Ore. App. LEXIS 2488

CourtCourt of Appeals of Oregon

DecidedMarch 9, 1983

Docket81-04-8006; CA A24184

StatusPublished

This text of 659 P.2d 1021 (Osborn v. Likens) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Osborn v. Likens, 659 P.2d 1021, 62 Or. App. 192, 1983 Ore. App. LEXIS 2488 (Or. Ct. App. 1983).

Pincite

Opinion

PER CURIAM

Plaintiff brought this action for rescission of an agreement to exchange ranch property near Burns for defendants property near Eugene. Defendants counterclaimed for specific performance of the agreement and for damages. Plaintiff appeals from a decree granting defendants specific performance and awarding them $10,000 general damages.

On de novo review, we find that specific performance was properly granted, because the evidence did not support plaintiffs allegation of fraud and because plaintiff waived the contract’s time of the essence clause. We find, however, that defendants’ evidence does not support an award of money damages and therefore delete that award.

Affirmed as modified.

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PER CURIAM

Plaintiff brought this action for rescission of an agreement to exchange ranch property near Burns for defendants property near Eugene. Defendants counterclaimed for specific performance of the agreement and for damages. Plaintiff appeals from a decree granting defendants specific performance and awarding them $10,000 general damages.

On de novo review, we find that specific performance was properly granted, because the evidence did not support plaintiffs allegation of fraud and because plaintiff waived the contract’s time of the essence clause. We find, however, that defendants’ evidence does not support an award of money damages and therefore delete that award.

Affirmed as modified.

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Bluebook (online)

659 P.2d 1021, 62 Or. App. 192, 1983 Ore. App. LEXIS 2488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborn-v-likens-orctapp-1983.