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FARNSWORTH v. FELLER

471 P.2d 792 (1970)

E. Paul FARNSWORTH and Mildred I. Farnsworth, Husband and Wife, Appellants, v. Clarence B. FELLER and Georgia Rose Feller, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided June 17, 1970.

Attorney(s) appearing for the Case

Sam F. Speerstra, Salem, argued the cause for appellants. With him on the briefs were David A. Rhoten and Rhoten, Rhoten & Speerstra, Salem.

Otto R. Skopil, Jr., Salem, argued the cause for respondents. With him on the brief were Williams, Skopil, Miller & Beck, and Lawrence N. Brown and Brown & Burt, Salem.

Before O'CONNELL, C.J., and McALLISTER, SLOAN, HOLMAN and TONGUE, JJ.

TONGUE, Justice.

This is a suit to rescind a contract for the sale of a sand and gravel business in Salem for the sum of $412,500.

Plaintiffs appeal from an adverse decree, contending: (1) that defendants misrepresented, by means of a false appraisal report, that the property involved had, and had been appraised as having, a fair market value of $450,000, when in fact no such appraisal had been made and the actual value of the property was only $295,000, and...

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