GERIG ET UX. v. RUSS ET AL.


200 Or. 196 (1954)

264 P.2d 1045

GERIG ET UX. v. RUSS ET AL.

Supreme Court of Oregon.

Modified December 9, 1953.

Petition for rehearing denied January 6, 1954.


Attorney(s) appearing for the Case

John A. Heltzel, of Salem, argued the cause and filed a brief for appellants.

George A. Rhoten, of Salem, argued the cause for respondents. On the brief were Rhoten, Rhoten & Speerstra, and Ervin W. Potter, of Salem.

Before LATOURETTE, Chief Justice, and WARNER, TOOZE and PERRY, Justices.


MODIFIED.

LATOURETTE, C.J.

The question on this appeal is whether the sellers or the purchasers of real property shall bear the loss of moneys paid by the purchasers to a real estate broker, an agent of the sellers, who embezzled the same. The trial court entered a decree in favor of the purchasers, from which decree the sellers appeal.

The facts are as follows: The defendants, being the owners of approximately 103 acres of land in Marion county, gave...

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