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JOHNSTON v. GILBERT

234 Or. 350 (1963)

382 P.2d 87

JOHNSTON ET UX v. GILBERT ET UX

Supreme Court of Oregon.

Reversed in part, and remanded May 29, 1963.

Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause and submitted briefs for appellants.

Philip Hayter, Dallas, argued the cause for respondents. On the brief were Hayter & Shetterly, Dallas.

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

REVERSED IN PART, AND REMANDED.

McALLISTER, C.J.

This case involves a land sale contract between the plaintiffs as vendors and the defendants as purchasers. The lower court decreed that the contract had been rescinded by action of the parties, and no appeal was taken from that part of the decree. Plaintiffs have appealed, however, from another part of the decree claiming that the court erred in failing to restore them to the status quo.

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