Legal Opinion

Bentz v. Wallowa Title Co.

Court of Appeals of Oregon

Decided September 7, 1988No. 87-03-9462; CA A45308Published

1Opinion of the CourtGraber, J.

Defendant appeals a judgment for plaintiffs in this action for breach of an escrow agreement. The jury found defendant liable for having paid out the money in its possession without complying with the oral instructions that it had received. Defendant asserts that it did not violate its instructions, because plaintiffs and the seller improperly rescinded the underlying contract, and that, as a matter of law, plaintiffs suffered no damage. We affirm.

Because the jury found in plaintiffs’ favor, we state the facts most favorably to them. See Brown v. J. C. Penney Co., 297 Or 695, 705-706, 688 P2d…

2Cases cited4 opinions

  1. Brown v. J. C. Penney Co.Oregon Supreme Court · 1984
  2. Smith v. PallayOregon Supreme Court · 1929
  3. Blizzard v. State Farm Automobile InsuranceCourt of Appeals of Oregon · 1987
  4. Stein v. Gable Park, Inc.Oregon Supreme Court · 1960

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