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STACY v. SMITH

244 Or. 336 (1966)

418 P.2d 32

STACY ET UX v. SMITH ET UX

Supreme Court of Oregon.

Affirmed as modified September 9, 1966.

Attorney(s) appearing for the Case

Randolph Slocum, Roseburg, argued the cause for appellants. On the brief were Horn, Slocum & Washburn, Roseburg.

William D. Green, Jr., Roseburg, filed the brief for respondents.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, HOLMAN and HAMMOND, Justices.

AFFIRMED AS MODIFIED.

HOLMAN, J.

This was a suit brought by the purchasers to rescind a contract for the sale of timber because of claimed misrepresentations by the sellers. Defendants appealed from a decree rescinding the contract, entering judgment for plaintiffs for the portion of the purchase price paid thereunder, and for attorney's fees.

Defendants' first contention is that the court erred in failing...

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