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McDONALD v. SHORE

No. 6212; SC 25624, No. 6304; SC 25624.

590 P.2d 218 (1979)

285 Or. 151

Gary E. McDonald and Carol A. McDonald, Husband and Wife, Respondents, v. Johnnie W. SHORE and Gladys O. Shore, Husband and Wife, Appellants. Johnnie W. Shore and Gladys O. Shore, Husband and Wife, Appellants, v. Gary E. McDonald and Carol A. McDonald, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided February 7, 1979.

Attorney(s) appearing for the Case

J.C. Van Voorhees of Bodie, Minturn, Van Voorhees, Larson & Dixon, Prineville, argued the cause and filed briefs for appellants.

Francis I. Smith of Smith & Smith, Portland, argued the cause for respondents. With him on the brief were Darrell E. Bewley, Portland, and James G. Kincaid, Redmond.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON and LENT, JJ.

Argued and Submitted at Pendleton October 30, 1978.

BRYSON, Justice.

These equity cases were consolidated for trial and on appeal. Plaintiffs,1 purchasers, brought this suit to rescind their contract with defendants for the purchase of a grocery store and related real property from defendants, the Shores, and for restitution of most of the money they had paid to defendants on the ground of defendants' fraudulent misrepresentation...

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