CORBIN v. RUTHERFORD


495 P.2d 259 (1972)

F.G. CORBIN and Martha K. Corbin, Husband and Wife, Respondents, v. Ralph E. RUTHERFORD and Ozella V. Rutherford, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided April 4, 1972.


Attorney(s) appearing for the Case

John E. Ferris, Medford, argued the cause and filed briefs for appellants.

Bruce Kellington, Medford, argued the cause for respondents. On the brief were Harbison, Kellington & Kellington, Medford.

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


HOLMAN, Justice.

Plaintiffs, the sellers of real property, brought a suit to foreclose the contract of sale. Defendants, the purchasers, answered, seeking to rescind the contract. The parties stipulated that plaintiffs were entitled to a decree of foreclosure unless defendants were entitled to rescind. As a result, the only issue litigated was that of defendants' right to a decree of rescission. The trial court denied rescission and foreclosed the contract. Defendants...

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