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CRITESER ET UX v. TALLON

229 Or. 46 (1961)

365 P.2d 1064

CRITESER ET UX v. TALLON

Supreme Court of Oregon.

Affirmed November 8, 1961.

Attorney(s) appearing for the Case

Thomas C. Hartfiel, Roseburg for appellants.

No appearance for respondent.

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

AFFIRMED.

SLOAN, J.

Plaintiffs brought this action to recover rental payments alleged to have been due to them from defendant on a written lease. Defendant, Carl P. Tallon, filed a counterclaim in equity which alleged a mutual mistake in the execution of the lease and prayed for rescission. The trial court entered a decree for defendant which rescinded the lease and required plaintiffs to return certain prior payments...

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