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MILLER ET UX v. BARKER ET UX

233 Or. 113 (1962)

377 P.2d 343

MILLER ET UX v. BARKER ET UX

Supreme Court of Oregon.

Reversed and remanded December 31, 1962.

Attorney(s) appearing for the Case

Argued and submitted November 8, 1962.

William B. Wyllie, Salem, argued the cause for appellants. With him on the briefs were Rhoten, Rhoten & Speerstra, Salem.

Edward L. Clark, Jr., Salem, argued the cause for respondents. With him on the brief were Goodenough, Clark & Marsh, Salem.

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

REVERSED AND REMANDED.

WARNER, J.

Millers, as plaintiffs-vendees, bring this suit for a rescission of a contract to buy a motel and furnishings, situated at Detroit, Oregon, and for restitution of money paid. From a decree of rescission and judgment for $11,755.23, Barkers, as defendants-vendors, appeal.

Plaintiff Donald G. Miller is a man 35 years of age, who was a factory worker until 1954. After that year he worked in the Los Angeles area as a carpenter...

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