GILL v. MARQUOIT


525 P.2d 1030 (1974)

Edward G. GILL and Ines Gill, Respondents, v. James T. MARQUOIT and Yolanda M. DesBrisay, Appellants.

Supreme Court of Oregon, In Banc.

Decided September 6, 1974.


Attorney(s) appearing for the Case

N. Robert Stoll, Portland, argued the cause and filed a brief for appellants.

Steven E. Benson, Milwaukie, and Harry V. Benson, Portland, argued the cause and filed a brief for respondents.


O'CONNELL, Chief Justice.

This is a suit for specific performance brought by the sellers of land to recover the purchase price. The buyers counterclaimed, seeking rescission of the land sale contract. Defendants appeal from a decree for plaintiffs.

The land in question is located in Clackamas County and is separated from the Pudding River by a county highway. In January, 1970, plaintiffs purchased the property from a Mr. and Mrs. Noe. At the time of the purchase...

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