Brandano v. Norpa Development, Inc.

This case is the sequel to a suit to cancel a deed brought by defendant against plaintiffs and the First National Bank of Oregon. In that case the trial court found that First National Bank had failed to follow escrow instructions in delivering the deed to plaintiffs and ordered cancellation of the deed. Plaintiffs then filed this suit, seeking specific performance of the earnest money agreement, or in the alternative, restitution of money advanced to defendant or damages. The court granted defendant’s motion for summary judgment on the ground that plaintiffs claim could have been asserted as…