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CLUCK ET UX v. FISH ET AL

230 Or. 63 (1962)

368 P.2d 626

CLUCK ET UX v. FISH ET AL

Supreme Court of Oregon.

Reversed and remanded January 31, 1962.

Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause for appellants. With him on the briefs was Thomas B. Gabriel, Salem.

Francis E. Marsh, McMinnville, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL and LUSK, Justices.

REVERSED AND REMANDED.

McALLISTER, C.J.

This is an action in deceit growing out of the leasing to plaintiffs by defendants of certain real property in Benton county. The trial court allowed the defendants' motion for an involuntary nonsuit, and from the consequent judgment dismissing their action the plaintiffs have appealed.

It is agreed that the parties executed a lease dated January 25, 1954 whereby the defendants leased to the plaintiffs approximately...

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