HEVERLY v. KIRKENDALL


478 P.2d 381 (1970)

Robert B. HEVERLY and Rachel J. Heverly, Husband and Wife, Respondents, v. Claude KIRKENDALL and Nona S. Kirkendall, Husband and Wife, Appellants.

Supreme Court of Oregon, Department 1.

Decided December 23, 1970.


Attorney(s) appearing for the Case

Maynard Wilson, Cottage Grove, argued the cause and filed a brief for appellants.

Gary R. Ackley, Cottage Grove, argued the cause for respondents. On the brief were Lombard, Lombard, Williams & Ackley, Cottage Grove.

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


DENECKE, Justice.

The plaintiff buyers brought this suit to rescind an earnest money agreement upon the ground that the sellers misrepresented the boundaries of the property purchased. The trial court decreed rescission and the defendant sellers appeal.

A garage was located upon the northwest portion of the property. West of the garage was a gravel roadway whose irregular edge was from two to four feet west of the west edge of the garage. Four feet of the...

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