FEDERICI ET UX v. LEHMAN ET AL


230 Or. 70 (1962)

368 P.2d 611

FEDERICI ET UX v. LEHMAN ET AL

Supreme Court of Oregon.

Reversed January 31, 1962.


Attorney(s) appearing for the Case

Stuart W. Hill, Portland, argued the cause for appellants. On the briefs were Gilley, Busey, Hill & Nash, Portland.

J. Robert Jordan, Portland, argued the cause for respondents. With him on brief was John F. Reynolds, Portland.

Before McALLISTER, Chief Justice, and WARNER, PERRY, SLOAN and BRAND, Justices.


REVERSED.

PERRY, J.

The plaintiffs brought this action alleging that they had rescinded a contract entered into between themselves and the defendant John Bates for the purchase of real estate situated in the city of Portland and seek to recover back money advanced in the purchase of the property.

The complaint alleges, as grounds for their right to rescind, fraud committed by defendants and mutual rescission...

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