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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I agree that the parties rescinded the original contract in return for a nonconditional promise by defendants to pay plaintiff $50,000.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