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CAREY v. HAYS

243 Or. 73 (1966)

409 P.2d 899

CAREY ET AL v. HAYS ET AL

Supreme Court of Oregon.

Reversed and remanded January 19, 1966.

Petition for rehearing denied March 8, 1966.

Attorney(s) appearing for the Case

Austin Dunn, Baker, argued the cause and filed a brief for appellants and cross-respondents.

Willard K. Carey, La Grande, argued the cause and filed a brief for respondents and cross-appellants. On the brief were Burleigh, Carey & Gooding, La Grande.

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

REVERSED AND REMANDED.

DENECKE, J.

The plaintiff Carey's decedent and the decedent's wife, Jean Wickersham, together with the defendants Hays and another, Swails, contracted to buy a ranch. The defendant Hays was also the realtor in the transaction, representing the seller. The plaintiffs contend Hays was guilty of misrepresentation and ask a money judgment. The trial court held for the plaintiffs and defendants appeal.

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