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WILLIAMS v. COLLINS

No. 77-5160; CA 12177.

600 P.2d 1235 (1979)

42 Or.App. 481

Merlin R. WILLIAMS, Respondent, Cross-Appellant, v. Richard COLLINS and Joella, Husband and Wife, and Vern L. Spiker, Dba Spiker Realty, Appellants, Cross-Respondents.

Court of Appeals of Oregon.

Decided October 1, 1979.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and submitted the brief for appellants, cross-respondents.

Michael W. Doyle, Eugene, argued the cause for respondent, cross-appellant. With him on the brief were Bick & Monte, P.C., and Donald A. Bick, Eugene.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

CAMPBELL, Judge.

This is a suit by the plaintiff purchaser to rescind a contract of sale and a promissory note. The contract of sale provided that the defendants Collins agreed to sell and the plaintiff agreed to purchase the Ada Resort on Siltcoos Lake near Florence, Oregon. The promissory note was given by the plaintiff to the defendant Vern L. Spiker dba Spiker Realty of Ventura, California, in payment of the real estate commission on the sale.

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