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McKENNEY ET UX v. BUOL ET AL

214 Or. 244 (1958)

329 P.2d 664

McKENNEY ET UX v. BUOL ET AL

Supreme Court of Oregon.

Affirmed September 10, 1958.

Attorney(s) appearing for the Case

S.J. Bischoff, Portland, argued the cause and filed briefs for appellant E.R. Errion.

James O. Goodwin, Oregon City, argued the cause for appellants Edward M. Buol and McKenney Logging Corporation. With him on the brief was Glenn R. Jack, Oregon City.

Dewey H. Palmer, Portland, argued the cause and filed briefs for respondents. With him on the brief were Roland Davis, Theodore B. Jensen, William A. Martin and Watson D. Robertson, Portland.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, WARNER, McALLISTER and SLOAN, Justices.

AFFIRMED.

SLOAN, J.

Plaintiffs-respondents bring this suit to cancel and rescind a contract for the sale of certain timber, timber lands and logging equipment to some of the defendants-appellants on allegations of fraud. The trial court entered a decree as prayed for by plaintiffs and defendants appeal.

Prior to the challenged sale plaintiffs and the defendants Glaser owned and logged the property in question as a partnership. The partnership was formed...

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