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HAY v. PACIFIC TASTEE FREEZ, INC.

555 P.2d 1256 (1976)

276 Or. 569

Arthur D. HAY and Joan E. Hay, Appellants, v. PACIFIC TASTEE FREEZ, INC., a California Corporation, and Harold M. McMurray, Respondents.

Supreme Court of Oregon, Department 1.

Decided November 12, 1976.

Attorney(s) appearing for the Case

Robert L. Burns, Gresham, argued the cause and filed briefs for appellants.

Robert J. Miller, Portland, argued the cause for respondents. With him on the brief were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Before DENECKE, C.J., and McALLISTER, HOLMAN and HOWELL, JJ.

McALLISTER, Justice.

The plaintiffs, Mr. and Mrs. Arthur D. Hay, brought this suit for rescission of a franchise agreement entered into with the defendant Pacific Tastee Freez, Inc. The defendant, Harold H. McMurray, was a vice president of Tastee Freez in charge of its operations in Oregon. After a trial the court found for defendants and entered a decree dismissing plaintiffs' suit. Plaintiffs have appealed.

The principal issues are (1) whether defendants...

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