Spencer v. Ellis

(Pro Tempore)

Defendant appeals from a decree directing specific performance of a contract for the sale and exchange of real properties in Baker and Multnomah counties.

The four assignments of error present three questions. Was defendant’s offer to purchase accepted, resulting in a binding contract; if so, is defendant entitled to rescission; if not, was specific performance properly decreed.

The essential facts are these: June 28, 1957, the parties entered into a written exchange agreement. July 12,1957, the contract with which we are concerned was signed by the defendant. July 15, 1957,…