WALTON ET UX v. DENHART ET UX


226 Or. 254 (1961)

359 P.2d 890

WALTON ET UX v. DENHART ET UX

Supreme Court of Oregon.

Affirmed March 1, 1961.


Attorney(s) appearing for the Case

Watson D. Robertson, Portland, argued the cause for appellants. On the brief were Davis, Jensen, Martin & Robertson, Portland.

W.C. Beers, Portland, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.


AFFIRMED.

PERRY, J.

The plaintiffs brought this suit to rescind a contract to purchase a house being constructed by the defendants. The plaintiffs alleged, as grounds for the rescission, a breach of contract and fraud. The trial court entered a decree denying rescission and the plaintiffs appeal.

There is no evidence of fraud by the defendants which induced the plaintiffs to enter into the agreement. The record shows the plaintiffs were interested...

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