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HLOOKOFF v. WAYNE L. JOHNSON INVESTMENTS, INC.

478 P.2d 628 (1970)

Peter P. HLOOKOFF and Mary Nancy Hlookoff, Husband and Wife, Respondents, v. WAYNE L. JOHNSON INVESTMENTS, INC., Appellant, John Worobec and Shirley M. Worobec, Husband and Wife, and Eugene Escrow Service, Inc., an Oregon Corporation, Defendants.

Supreme Court of Oregon, Department 2.

Decided December 31, 1970.

Attorney(s) appearing for the Case

Richard D. Curtis, Eugene, argued the cause for appellant. On the brief were Hansen, Curtis & Strickland, Eugene.

Pierre L. Van Rysselberghe, Eugene, argued the cause for respondents. With him on the brief were Bailey, Hoffman, Morris & Van Rysselberghe, Eugene.

Before O'CONNELL, C.J., and DENECKE, TONGUE and HOWELL, JJ.

HOWELL, Justice.

This is a suit for rescission of a written contract for the sale of a motel. Defendant appeals from a decree granting the rescission.

In 1962 the plaintiffs, by an assignment of a contract, acquired a buyer's interest in the motel. The seller's interest had also been assigned and was held by Mr. & Mrs. John Worobec. After some negotiations, the plaintiffs and the defendant, Johnson Investments Inc., executed an earnest money receipt whereby...

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