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STUTZ v. AMMER

228 Or. 629 (1961)

365 P.2d 874

STUTZ ET UX v. AMMER LUCH v. AMMER

Supreme Court of Oregon.

Reversed and remanded November 1, 1961.

Attorney(s) appearing for the Case

Wm. W. McGeorge and Warde H. Erwin, Portland, argued the cause and filed a brief for appellants.

Leo Levenson, Portland, argued the cause for respondent. With him on the brief was Larry Landgraver, Portland.

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

REVERSED AND REMANDED.

PER CURIAM.

Two cases, involving substantially identical questions of law and fact, are consolidated in this appeal from two contemporaneous decrees which denied rescission and restitution to the victims of the fraudulent sale of a business.

The trial court found as a fact that the plaintiffs were the victims of fraud sufficient to justify rescission if the plaintiffs could restore the...

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