Davis v. Anderson

Defendants appeal from a summary judgment. ORCP 47C. Plaintiff moved for summary judgment on the basis that a condition precedent to an agreement with defendants for the purchase of real property had not been met and therefore, he was entitled to the return of his earnest money. The agreement provides that defendants must accept or reject plaintiff as a buyer within five days of defendants’ receipt of plaintiffs financial statement. In support of his motion, plaintiff averred that, in response to the submission of his financial statement, defendants notified him that they would consider the…