KINKADE v. MARKUS

No. 37-563; CA No. 9992.

589 P.2d 1142 (1979)

38 Or.App. 131

George W. KINKADE and Linda L. Kinkade, Husband and Wife, Appellants, v. Virgil MARKUS and Syble Markus, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided January 29, 1979.


Attorney(s) appearing for the Case

Barbara Page McFarland, Portland, argued the cause and filed the brief for appellants.

Thomas A. Huffman, Hillsboro, argued the cause for respondents. With him on the brief was Huffman & Zenger, Hillsboro.

Before SCHWAB, C.J., and LEE, RICHARDSON, and JOSEPH, JJ.


LEE, Judge.

This is a suit for rescission of a land sale contract. The posture of the parties is unique because after the vendors filed a complaint for specific performance, the purchasers filed a cross-complaint seeking rescission of the contract based upon fraud. Thereafter, the vendors dismissed their complaint for specific performance and the case was tried on the cross-complaint for rescission. The court granted rescission and money "damages" to the purchasers...

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