Prestige House, Inc. v. Merrill

Plaintiff-purchaser brought suit to enforce an earnest money agreement for the sale of a parcel of undeveloped real property in Multnomah County. The trial court, without written findings of fact, granted specific performance. We review de novo and affirm.

The only question presented by this appeal is whether plaintiff’s failure to perform timely a condition precedent (acquisition of two building permits) prevents enforcement of the agreement.

In June, 1977, the defendant-seller listed the property for sale with a realtor, Mike Cavanaugh, at a price of $60,000. On October 11, 1977, plaintiff,…