Court of Appeals of Oregon November 20, 1996, 942137; CA A89807 (Gross v. Pydynkowski)

EDMONDS, J.

Defendant appeals from summary judgment in favor of plaintiff in this action requesting the court to declare a forfeiture of defendant’s earnest money paid pursuant to an earnest money agreement. ORCP 47. We reverse and remand because a genuine issue of material fact exists about whether defendant’s obligation to tender the balance of the purchase price was triggered.