Rosboro Lumber Co. v. Apsel

Defendants move for reconsideration of our opinion in Rosboro Lumber Co. v. Apsel, 144 Or App 298, 926 P2d 329 (1996), which affirmed the judgment of the trial court awarding damages to plaintiff to be paid by a specified date and time, and further awarding specific performance in the event that damages are not timely paid. Among other things, we held that defendants could not rely on plaintiffs innocent misrepresentations as to the amount of harvestable timber on defendants’ property as a defense to plaintiff’s breach of contract claims, because defendants failed to establish a right to rely…