KAUFMAN INV. CORP. v. JOHNSON

No. 77-3561.

623 F.2d 598 (1980)

KAUFMAN INVESTMENT CORPORATION, a California Corporation, Appellant, v. Carlos P. JOHNSON, Emmer L. Johnson, Joan Bueermann, Donald H. Bueermann, Stonegate Farms, Inc., a dissolved Oregon Corporation, and Johnson-Bueermann Investment Co., a partnership, Appellees, v. K.B.H. RANCH, INC., an Oregon Corporation, Mayflower Farms, an Oregon Corporation, Perry J. Bradford, Jim Wood, dba Woody's Automotive and John Doe, a lessee, Additional Defendants on Counterclaim.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 6, 1980.


Attorney(s) appearing for the Case

Don Erik Franzen, Los Angeles, Cal., argued for appellant; Hertzberg, Koslow & Franzen, Los Angeles, Cal., William G. Sheridan, Portland, Or., on brief.

James N. Westwood, Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., for appellees.

Before KILKENNY and WALLACE, Circuit Judges, and JAMESON, District Judge.


KILKENNY, Circuit Judge:

This is an appeal from a summary judgment in favor of appellees foreclosing a mortgage and a security agreement, and denying appellant's summary judgment motion for recision of the contract for the sale of the property and for damages on the grounds of fraud and misrepresentation.1

Our study of the pleadings and the affidavits in support of and against the respective motions for summary judgment convinces...

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