Phoenix-Talent School District 4 v. Hamilton

Plaintiff Phoenix-Talent School District seeks reconsideration of the part of our opinion in Phoenix-Talent School Dist. #4 v. Hamilton, 229 Or App 67, 210 P3d 908 (2009), that remanded the case for entry of judgment in favor of defendants. We allow reconsideration and modify our opinion as set forth below.

This case involves a failure to complete a conveyance of real property from defendants Hami lton and Thirkill to the district under the terms of a sale agreement and earnest money receipt. The transaction failed because necessary lot line adjustments were not approved by the time of…