(DOWNLOAD) "Heinzel v. Backstrom" by Supreme Court of Oregon ~ eBook PDF Kindle ePub Free
eBook details
- Title: Heinzel v. Backstrom
- Author : Supreme Court of Oregon
- Release Date : January 21, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiffs Rodger and Judith Heinzel brought this action for specific performance of an agreement for the sale of real property owned by defendant Backstrom. The first and dispositive issue is whether the agreement is a contract. The trial court found the agreement to be a contract; but it also found that because the Heinzels had not tendered performance by the agreed closing date, Backstrom had been free to sell the property to the defendants Johnson. The Court of Appeals reversed. It found the agreement to be a contract, that the Heinzels had tendered performance within a "reasonable time" after the agreed closing date and, therefore, that they are entitled to specific performance. Heinzel v. Backstrom, 98 Or App 171, 779 P2d 1037 (1989). On de novo review, we find the agreement to be a mere offer to sell which by its own terms expired before the Heinzels tendered performance. Accordingly, we reverse the decision of the Court of Appeals.
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