FIELDS v. HAUPERT ET AL


213 Or. 179 (1958)

323 P.2d 333

FIELDS v. HAUPERT ET AL

Supreme Court of Oregon.

Affirmed April 2, 1958.


Attorney(s) appearing for the Case

Warren G. Lesseg, Medford, argued the cause for appellants. With him on the brief was Robert A. Boyer, Medford.

Clifford D. Ouellette, Medford, argued the cause for respondent. On the brief were Skyrman, Ouellette & Heisel, Medford.

Before PERRY, Chief Justice, and LUSK, WARNER and KESTER, Justices.


AFFIRMED.

PER CURIAM.

This is a suit in equity to rescind a contract for the sale and purchase of a yarder (a piece of machinery used in logging operations) and to cancel the note and mortgage executed by the plaintiff as security for a portion of the purchase price. The trial court granted the rescission and cancellation of the instruments and the defendants appeal.

1, 2. It should be noted that in a suit for rescission it is not necessary to allege...

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