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GARDNER v. MEILING

572 P.2d 1012 (1977)

280 Or. 665

Robert Lee GARDNER, Respondent, v. Richard MEILING and Jon Meiling, Appellants.

Supreme Court of Oregon, Department 2.

Decided December 20, 1977.

Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause and filed the brief for appellants.

Gary L. Gardner, Salem, argued the cause and filed the brief for respondent.

Before HOLMAN, P.J., TONGUE and LINDE, JJ., and RICHARDSON, J. pro tem.

RICHARDSON, Justice Pro Tem.

Plaintiff, as the buyer, brought a suit for rescission of a contract providing for the sale of a tavern. He alleged three grounds for rescission; fraud, misrepresentation and mistake. The alleged misrepresentations and mistake relate to the gross income, goodwill and reputation of the tavern. Defendants counterclaimed for the payments thus far due on the purchase price.

The court granted a decree of rescission on the ground of...

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