NEIDERMEYER v. LATIMER

83-6-385; CA A33600.

717 P.2d 1265 (1986)

79 Or.App. 116

Beverly J. NEIDERMEYER, Appellant, v. Clifford G. LATIMER and Justina C. Latimer, Respondents.

Court of Appeals of Oregon.

Decided April 23, 1986.

Reconsideration Denied June 6, 1986.

Review Denied June 24, 1986.


Attorney(s) appearing for the Case

Christopher A. James, Portland, argued the cause for appellant. On the brief were Michael A. Lehner and Mitchell, Lang & Smith, Portland. With him on the reply brief was Barry F. Shanks, Portland.

Gregory K. Zeuthen, Oregon City, argued the cause for respondents. With him on the brief were Michael D. Walsh and Hutchison, Hammond & Walsh, Oregon City.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


WARDEN, Judge.

Plaintiff brought this action, inter alia, for rescission, on the ground of innocent misrepresentation, of the contract under which she purchased a cabin from defendants. Defendants counterclaimed for the unpaid balance of the purchase price. The trial court entered judgment for defendants on plaintiff's claim and on the counterclaim, and plaintiff appeals.

The parties entered into the contract and plaintiff took possession of the cabin...

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