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LARKIN v. APPLETON

548 P.2d 499 (1976)

Genevieve E. LARKIN, Respondent, v. Jean A. APPLETON, Appellant, Robert Appleton et al., Defendants, Jack Kronstedt and Thaddea Kronstedt, Respondents.

Supreme Court of Oregon, In Banc.

Decided April 15, 1976.

Attorney(s) appearing for the Case

Monte C. McKeehen, Eugene, argued the cause and filed briefs for appellant.

Keith Rodman, Eugene, argued the cause and filed a brief for respondent Larkin.

DENECKE, Justice.

The plaintiff buyer brought this suit against the defendant seller, Jean Appleton, to rescind a contract to purchase a motel. The ground for rescission was that the seller, through her agent, misrepresented the past income of the motel. The seller counterclaimed for foreclosure. The trial court held for the plaintiff and the seller appeals.

The crucial issues are: Did the real estate salesman act...

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