BAUSCH v. MYERS


541 P.2d 817 (1975)

Alvin L. BAUSCH and Leona M. Bausch, Husband and Wife, Appellants, v. Daurice E. MYERS et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided October 23, 1975.


Attorney(s) appearing for the Case

Edward M. Murphy, Roseburg, argued the cause for appellants. With him on the briefs were Stults, Murphy & Anderson, Roseburg.

Peter H. Nilsen, Roseburg, argued the cause for respondents. With him on the brief were Geddes, Walton & Richmond, Roseburg.


DENECKE, Judge.

This is an action to recover damages for misrepresentation involved in the sale of a 53-acre ranch in Douglas County. The case was tried before a court sitting without a jury. The trial court found for the defendants and plaintiffs appeal.

Walter Davis owned a ranch on which he lived for many years. He listed the farm for sale with a broker. He informed the broker that the ranch had as an appurtenance the right to take water from the adjoining...

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