WILKINSON v. CARPENTER


554 P.2d 512 (1976)

276 Or. 311

Kenneth R. WILKINSON and Gladys D. Wilkinson, Husband and Wife, Respondents, v. Crystal R. CARPENTER and William D. Carpenter, Appellants.

Supreme Court of Oregon, In Banc.

Decided September 30, 1976.


Attorney(s) appearing for the Case

Mark McCulloch, of Powers & McCulloch, Portland, argued the cause and filed briefs for appellants.

Warren C. Deras, Portland, argued the cause and filed a brief for respondents.


HOWELL, Justice.

Plaintiffs filed this suit seeking specific performance of a contract to sell to defendants a restaurant and lounge in northeast Portland known as "Dad's." Defendants filed a counterclaim seeking rescission on the grounds of fraudulent misrepresentation. The trial court entered a decree allowing specific performance, and defendants appeal.

In October, 1973, plaintiffs and defendants entered into a contract wherein plaintiffs agreed to sell...

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