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MORRISON ET AL v. KANDLER ET UX

215 Or. 489 (1959)

334 P.2d 459

MORRISON ET AL v. KANDLER ET UX

Supreme Court of Oregon.

Reargued October 29, 1958.

Affirmed as modified December 10, 1958.

Petition for rehearing denied March 4, 1959.

Attorney(s) appearing for the Case

Harold Banta, Baker, argued the cause for appellants. On the briefs were Vernon Daniel, Payette, Idaho, and Banta, Silven & Horton, Baker.

W.F. Schroeder, Vale, and M.P. Gallagher, Ontario, argued the cause for respondents. On the brief were Lytle & Schroeder, Vale, and Gallagher & Gallagher, Ontario.

Before PERRY, Chief Justice, and WARNER, McALLISTER, SLOAN and O'CONNELL, Justices.

AFFIRMED AS MODIFIED.

McALLISTER, J.

This is a suit in equity by the plaintiffs, as vendors, for the strict foreclosure of a contract for the sale of real and personal property. The defendants, as purchasers, filed a cross-complaint to rescind the contract and to recover the amounts paid on the purchase price. From a decree in favor of plaintiffs, the defendants appeal.

By a contract dated February 2, 1952, the plaintiffs, Harrison M. Morrison and...

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