Gordon v. Schumacher

*546BUTTLER, P. J.

In this action for specific performance of a land sale contract, plaintiff appeals from a judgment entered at the close of his case on defendants’ motion. ORCP 54B(2). Because the trial court erred, as a matter of law, in concluding that a check mailed by defendants to plaintiff on the last day of the grace period, but received after the grace period had expired, constituted timely payment, we reverse and remand.

We view the evidence in the light most favorable to the party opposing the motion to dismiss. See Brown v. J.C. Penney Co., 297 Or 695, 705, 688 P2d 811 (1984). In 1979,…