Dan Bunn, Inc. v. Brown , 285 Or. 131 ( 1979 )


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  • LINDE, J.,

    concurring.

    I agree that the parties rescinded the original contract in return for a nonconditional promise by defendants to pay plaintiff $50,000. I am not persuaded that defendants could rely on the lack of a favorable report on tentative subdivision approval as a condition relieving them of the obligation to go through with the sale to plaintiff, but in view of the rescission, I need not pursue that disagreement with the majority opinion.

Document Info

Docket Number: TC 23149, SC 25446

Citation Numbers: 590 P.2d 209, 285 Or. 131, 1979 Ore. LEXIS 838

Judges: Denecke, C.J., and Tongue, Bryson and Linde

Filed Date: 2/7/1979

Precedential Status: Precedential

Modified Date: 11/13/2024