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WIDMER ET UX. v. LEFFELMAN

187 Or. 476 (1949)

212 P.2d 737

WIDMER ET UX. v. LEFFELMAN

Supreme Court of Oregon.

Reversed December 13, 1949.

Attorney(s) appearing for the Case

Francis F. Yunker, of Portland, argued the cause and filed a brief for appellant.

John F. Galey argued the cause for respondents. On the brief were Galey and Galey, of Sweet Home, and Francis E. Harrington, of Portland.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, BAILEY, HAY and PAGE, Justices.

BAILEY, J.

This suit was brought by Wilfred H. Widmer and Joey June Widmer, his wife, against A.J. Leffelman for cancellation of a contract for the sale of a restaurant, known as the KoZee Cafe, based on defendant's alleged fraud, and to recover the money paid thereon by plaintiffs.

The amended complaint alleges that on or about November 15, 1946, defendant agreed to sell and plaintiffs agreed to purchase the KoZee Cafe, owned by

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