RUEGSEGGER v. McCARLEY


496 P.2d 214 (1972)

Wayne L. RUEGSEGGER & Marjorie E. Ruegsegger, Husband and Wife, Respondents, v. Ken M. McCarley and Gladys C. McCarley, Husband and Wife, and Ken McCarley, Inc., an Oregon Corporation, Appellants.

Supreme Court of Oregon.

Decided April 26, 1972.

Rehearing Denied May 23, 1972.


Attorney(s) appearing for the Case

Howard I. Bobbitt, Portland, argued the cause and filed the briefs for appellants.

George M. Joseph, Portland, argued the cause for respondents. With him on the brief were Bemis, Breathouwer & Joseph, Portland.

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


TONGUE, Justice.

This is an action for damages and restitution by the purchasers of a house against the builder-seller of the house, who failed to convey clear title. As a result, the purchaser was required to pay off a construction mortgage with a balance of $19,395.73, in addition to payment of the purchase price in full in the sum of $23,866.

Defendants' answer alleged, among other things, that defendants had filed a petition for voluntary bankruptcy, in...

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