Opinion · Court of Appeals of Oregon

Osborn v. Likens

62 Or. App. 192

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1983-03-09
Topic
general

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.

Citator

UpLaw has not yet analyzed Osborn v. Likens. The absence of a flag is not a finding that it is good law.

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.