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SHERROD v. HOLZSHUH

546 P.2d 470 (1976)

William L. SHERROD, and Roberta L. Sherrod, Plaintiffs-Respondents, v. Harold E. HOLZSHUH and Bonnie R. Holzshuh, Defendants, and E.E. Bowen, Inc., an Oregon Corporation, Defendant-Appellant.

Supreme Court of Oregon, In Banc.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed a brief for appellant.

Douglas M. Fellows, of Hedrick, Fellows, McCarthy & Zikes, P.C., Portland, argued the cause and filed a brief for respondents.

TONGUE, Justice.

The complaint in this case joined a suit to rescind a contract for the purchase of a house with an action for damages under the Oregon Unlawful Trade Practices Act (ORS 646.605 et seq.) both based upon alleged misrepresentations by defendants, including both the sellers of the house and their real estate agent.

The case was tried before a jury. At the conclusion of the testimony the trial judge held that plaintiffs were entitled to a rescission...

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