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ZUMSTEIN v. STOCKTON ET UX.

199 Or. 633 (1953)

264 P.2d 455

ZUMSTEIN v. STOCKTON ET UX.

Supreme Court of Oregon.

Reversed and remanded November 25, 1953.

Attorney(s) appearing for the Case

William E. Dougherty, of Portland, argued the cause and filed a brief for appellant. With him on the brief was Robin D. Day, of Salem.

W.T. Hollen, of Newport, argued the cause and filed a brief for respondents. With him on the brief was A.R. McMullen, of Newport.

Before LATOURETTE, Chief Justice, and ROSSMAN, LUSK, BRAND and PERRY, Justices.

REVERSED AND REMANDED.

BRAND, J.

The plaintiff Zumstein brought suit as the successor in interest to the vendor in a contract for the sale of real and personal property. The defendants Stockton are the vendees. The trial court held that the defendants were not in default at the time of the filing of the complaint; that the plaintiff, by his complaint had rescinded the contract; and that the defendants had elected to...

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