VICE v. CREAGER TRUCKING CO., INC.


569 P.2d 622 (1977)

280 Or. 75

Lester VICE, Appellant, v. CREAGER TRUCKING CO., INC., Respondent.

Supreme Court of Oregon, Department 2.

Decided October 4, 1977.


Attorney(s) appearing for the Case

Darrell E. Bewley, of Niedermeyer & Bewley, Portland, argued the cause and filed a brief for appellant.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent. On the brief was Sherman B. Kellar, of Engel, Kellar & Pomajevich, Portland.

Before DENECKE, C.J., TONGUE and LENT, JJ. and GILLETTE, J. Pro Tem.


GILLETTE, Justice, Pro Tem.

This is a suit for rescission of a retail installment contract for purchase of a 1972 Kenworth truck tractor. At the close of plaintiff's case, the trial court dismissed plaintiff's suit with prejudice, holding that plaintiff had failed to prove his case for rescission. We affirm.

The basis of plaintiff's complaint was the failure of defendant Creager to transfer title as provided by O.R.S. 481.410(1):

"If, after a certificate...

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