Robertson v. Jones

Plaintiff, as the buyer in a contract for the sale of a home, appeals from a decree denying her specific performance and instead awarding her $700 in damages. Defendant sellers cross-appeal from the award of damages. The central question presented on this review de novo, ORS 19.125(3), is whether specific performance should be granted on the following facts.

Mrs. Lida Jones and her daughter, Gretchen Jones, listed their home for sale with a real estate broker. Realizing that a sale financed by an FHA-secured loan would be subject to a discount or "points” reducing the net payment to them, they…