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FURTADO v. GEMMELL

242 Or. 177 (1965)

408 P.2d 733

FURTADO ET UX v. GEMMELL ET UX

Supreme Court of Oregon.

Reversed and remanded December 8, 1965.

Attorney(s) appearing for the Case

Edward Joel Clark, Pendleton, argued the cause for appellants. With him on the briefs were Edward J. Clark and Leeroy O. Ehlers, Pendleton.

James C. Walton, Pendleton, argued the cause for respondents. On the brief were Mosgrove, Walton & Yokom, Pendleton.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, LUSK and SCHWAB, Justices.

REVERSED AND REMANDED.

SCHWAB, J. (Pro Tempore).

This is an appeal by the plaintiffs from a decree of the circuit court which dismissed their suit for the rescission of a contract of sale whereby they undertook the purchase from the defendants of a machine shop business in Echo, Oregon. The complaint sought the desired relief upon charges of false representations.

On June 28, 1961, Mr. Gemmell listed the machine shop property for sale at a price of...

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