DAVIS v. DEAN VINCENT, INC.


465 P.2d 702 (1970)

Leonard S. DAVIS and Margaret M. Davis, Respondents, v. DEAN VINCENT, INC., an Oregon Corporation, and Howard Angell, Appellants.

Supreme Court of Oregon, In Banc.

Decided February 27, 1970.


Attorney(s) appearing for the Case

Marvin Swire, Portland, argued the cause for appellants. With him on the briefs were Rosenberg, Swire & Riebe, Gerald H. Robinson and Douglas C. Morris, Portland.

Frederick A. Anderson, Tigard, argued the cause for respondents. With him on the brief were Anderson & Dittman, Tigard.


TONGUE, Justice.

This is a suit to rescind a contract for the sale of a trailer court and for the return of $5,000 paid by plaintiffs (the purchaser) as earnest money.

Defendants (the seller and the realtor), appeal from an adverse decree, which was based upon a finding that defendant Angell had misrepresented his ownership of the property by representing in the contract that he was its sole owner, whereas the property was held in an estate by the entirety...

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