Oregon Supreme Court, 1967

Faydrex, Inc. v. Keen

Oregon Supreme Court · Decided October 4, 1967 · Connell, Deneoke, McAllister

248 Or. 54; 432 P.2d 192; 1967 Ore. LEXIS 375

Cases that cite this one

1 later published case cites this decision.

Helgesson v. Estate of Frank (Or. Ct. App. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is a suit for specific performance of a land sale contract brought by the buyer against the seller. *55The contract contained a clause declaring that time was of the essence. Plaintiff failed to make the down payment at the time specified in the contract. Plaintiff contends that the parties did not intend to make time of the essence and that this was evidenced by a previous course of dealing between the parties and by acts of defendant-sellers leading plaintiff to believe that the time set for the down payment was not of the essence.

We hold that plaintiff did not produce sufficient evidence to show that the parties did not intend to be bound by the provision declaring time of the essence.

The decree of the trial court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.