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MILLER ET UX. v. PROTRKA ET UX.

193 Or. 585 (1951)

238 P.2d 753

MILLER ET UX. v. PROTRKA ET UX.

Supreme Court of Oregon.

Affirmed December 21, 1951.

Petition for rehearing denied January 23, 1952.

Attorney(s) appearing for the Case

Bert McCoy and Cecil Stickney, of Eugene, argued the cause and filed briefs for appellants.

Windsor Calkins, of Eugene, argued the cause for respondent. On the brief were Calkins & Calkins.

Before BRAND, Chief Justice, and HAY, ROSSMAN, WARNER and LATOURETTE, Justices.

AFFIRMED.

WARNER, J.

This suit was brought by the plaintiffs, Joe Miller and Edith Miller, his wife, to foreclose a contract for the sale of a motel. The defendants, George Protrka and Anna Protrka, his wife, filed a cross-complaint seeking a rescission of the contract. They alleged fraudulent representations. From a decree of foreclosure in favor of the plaintiffs, the defendants appeal.

The Millers as the sellers and the Protrkas as the buyers entered...

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