Roadway Express, Inc., a Delaware Corporation v. Wilfred E. Jossy, William O. Jossy and Roberta Tichenor

Plaintiff Roadway Express, Inc. (Roadway) appeals the denial by the district court of its request for an order of specific performance of the contract Roadway had with defendants Wilfred E. Jossy, William 0. Jossy, and Roberta Tichenor (collectively “the Jossys”). The district court ruled that the Oregon Statute of Frauds, Or.Rev.Stat. § 41.580(6) (1987), precluded enforcement of the agreement. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1986, Roadway, a trucking company, decided to acquire a truck terminal in the area north of Portland, Oregon. The Jos-sys owned such a terminal and the two sides began to negotiate Roadway’s possible purchase of the terminal. The Jossys engaged the law firm of Greene and Mark-ley (G & M) to represent their interests during the negotiations.

On August 7, 1986, G & M, on behalf of the Jossys, made a formal offer to Roadway to sell the terminal for $2 million. Shortly thereafter, and before Roadway could respond to the offer, the Jossys had G & M revoke the offer because they had heard of another potential purchaser.

Four days later, on August 11, Roadway proposed to purchase the terminal and increased the sale price to $2.2 million. The…