MELMS v. MITCHELL


512 P.2d 1336 (1973)

Byron F. MELMS and Donald R. Ells, Respondents, Cross-Appellants, v. Raymond L. MITCHELL, Appellant, Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided August 2, 1973.


Attorney(s) appearing for the Case

Robert C. Robertson, of Van Dyke, DuBay, Robertson & Paulson, P.C., Medford, argued the cause and filed briefs for appellant, cross-respondent.

Thomas C. Howser, of Cottle & Howser, Ashland, argued the cause and filed a brief for respondents, cross-appellants.


McALLISTER, Justice.

This is a suit for rescission of a contract in which defendant agreed to sell and plaintiffs to purchase a cordwood business, including hardwood stumpage growing on defendant's land and certain equipment used in cutting and hauling the wood. Defendant appeals from a decree of rescission and a money judgment for plaintiffs. Plaintiffs cross-appeal, contending that they were entitled to recover certain items of damage not allowed by the trial court...

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