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SHOPPING CTRS. OF AM., INC. v. STANDARD GROWTH PR.

498 P.2d 781 (1972)

SHOPPING CENTERS OF AMERICA, Inc., a Corporation, Respondent, v. STANDARD GROWTH PROPERTIES, Inc., a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided July 13, 1972.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellant. With him on the briefs were Cake, Jaureguy, Hardy, Buttler & McEwen, Portland.

Francis E. Marsh, McMinnville, and David C. Haugeberg, McMinnville, argued the cause for respondent. With them on the brief were Marsh, Marsh, Dashney & Cushing, McMinnville.

TONGUE, Justice.

This is a suit to rescind a contract for the sale of land purchased by plaintiff from defendant. Defendant appeals from a decree allowing rescission and other relief, but denying plaintiff's further demand for damages for increase in the value of the property. Plaintiff cross-appeals from the denial of such damages.

On November 28, 1969, plaintiff, a corporation engaged in land subdivision and development, contracted to purchase 827 acres...

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