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REID v. SEVERSIKE

471 P.2d 777 (1970)

E.A. REID and Birdie L. Reid, Husband and Wife, Respondents, v. Leland SEVERSIKE and Jean Seversike, Husband and Wife, Appellants.

Supreme Court of Oregon, In Banc.

Decided June 24, 1970.

Attorney(s) appearing for the Case

Ralph Bolliger, Beaverton, argued the cause for appellants. With him on the briefs were Myatt, Bolliger, Hampton & Freerksen, Beaverton.

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

HOLMAN, Justice.

This is a suit by the purchasers of a residence to rescind the contract of purchase because of alleged misrepresentation of the condition of the premises. Defendants appealed from a decree of rescission.

The claimed misrepresentation was that the basement did not leak. Defendants contend that the court erred in making the following finding of fact:

"That the basement of said premises is subject...

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