Cook v. Desler

This is the second appeal in an ongoing dispute over defendants’ agreement to sell to plaintiff the stock of a closely held corporation. Defendants refused to perform, and plaintiff brought suit for specific performance. The trial court held that the agreement was not specifically enforceable; we reversed on May 4, 1981. Cook v. Desler, 52 Or App 5, 627 P2d 885 rev den 291 Or 368 (1981). This appeal is from the trial court’s judgment on remand.

Following the first appeal, the trial court ordered the parties to close the transaction within 30 days. As a result of a series of delay tactics on…