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YING v. LEE

No. 125,005; CA A24533.

671 P.2d 114 (1983)

65 Or.App. 246

Matthew YING and Goretta Ying, Husband and Wife, Respondents-Cross-Appellants, v. Dean H. LEE, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided October 26, 1983.

Attorney(s) appearing for the Case

Michael J. Kavanaugh, Portland, argued the cause and filed the briefs for appellant-cross-respondent.

Robert L. Engle, Woodburn, argued the cause for respondents-cross-appellants. With him on the brief was Eichsteadt, Bolland, Engle, Schmidtman & Rohrer, Woodburn.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

This case began as an action for fraud in connection with the sale of a restaurant; plaintiffs later added a claim for rescission. Defendant counterclaimed, seeking ejectment. Defendant appeals from the trial court's decree allowing "rescission" after a finding that no contract existed between plaintiffs and defendant. Plaintiffs cross-appeal from the trial court's allowing defendant $1,000 per month as the reasonable rental value of the...

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