Martin v. Allbritton

Defendant appeals a judgment that denied his counterclaims for quiet title and specific performance and held in favor of plaintiff on his claim of forcible entry and detainer. 1 On de novo review, ORS 19.125(3), we reverse.

We make these findings. After separating from his wife in 1986, defendant rented a house for $400 per month from Vesta Kinney. In October, 1988, defendant entered into a written agreement with Kinney in which Kinney granted to defendant the option to buy the rented property for $39,900. The option required that it be exercised before May 15, 1990. Under the terms of the…