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CAIN v. HEARD

548 P.2d 978 (1976)

Alyce G. CAIN, Conservator of the Estate of James P. Cain, Respondent, v. Margie Helen HEARD, Appellant, Roger Joe Bahr, Defendant.

Supreme Court of Oregon, In Banc.

Decided April 22, 1976.

Attorney(s) appearing for the Case

C.X. Bollenback, Portland, argued the cause for appellant. With him on the briefs was Burton J. Fallgren, Portland.

Dennis M. Odman, Oregon City, argued the cause for respondent. With him on the brief were Santos & Schneider, Oregon City.

BRYSON, Justice.

Plaintiff brought this suit to rescind a bargain and sale deed from plaintiff to defendant Heard and a subsequent mortgage from defendant Heard to defendant Bahr covering real property in Clackamas County.

Plaintiff alleges that "[b]efore plaintiff executed said deed to defendant Heard, said defendant promised she would marry him and that she would care for plaintiff's physical and medical needs and said promises and representations were made...

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