Cascade International Investment Co. v. Keene

Defendant Trust I petitions for Supreme Court review and, therefore, for reconsideration by this court of our decision affirming a judgment that requires Trust I to specifically perform a contract under which it is purchasing real property from plaintiff Cascade. Trust I argues for the first time that, after the trial court entered its judgment, but while the appeal was pending before this court, Cascade reconveyed its interest in the property to Lloyd Kreklau, the seller under an underlying contract, see 75 Or App at 450, to settle Kreklau’s action to foreclose that contract.1 Therefore,…