GINDHART v. SKOURTES


530 P.2d 827 (1975)

Fritz GINDHART, Deceased, Acting by and through the Personal Representative Edna Baker, Appellant, v. John R. SKOURTES and Jacqueline C. Skourtes, Respondents.

Supreme Court of Oregon.

Decided January 23, 1975.


Attorney(s) appearing for the Case

James E. Auxier, Portland, argued the cause and filed briefs for appellant.

William E. Hurley of Bernard, Hurley, Hodges & Kneeland, Portland, argued the cause for respondents.

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


O'CONNELL, Chief Justice.

This is a suit in equity brought by plaintiff, acting through his conservator, to rescind a land sale contract and an option agreement on the ground that plaintiff lacked sufficient mental competence to conduct business at the time of their making. Defendants denied the substantive allegations of the complaint and counterclaimed for a decree ordering specific performance of the land sale contract, declaring the option valid and enforceable...

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