Martin v. Dillon

Plaintiff appeals from a judgment that ordered specific performance of an earnest money agreement. Plaintiff, the buyer, brought an action seeking the return of a $2,000 deposit paid pursuant to the agreement. Defendants counterclaimed for specific performance or alternatively for damages for breach of the agreement. The counterclaim for specific performance was tried first to the court without a jury. The resulting judgment for defendants 1 rendered moot plaintiffs action for return of the deposit and defendants counterclaim for damages. We review de novo, ORS 19.125(3), and reverse.

Defendant…