GILLMORE v. HUSTON

No. 77-476-E-1; CA 13751.

606 P.2d 1165 (1980)

44 Or.App. 667

Ralph GILLMORE and Helen M. Gillmore, Husband and Wife, Respondents, v. F.M. HUSTON and Bertha Huston, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided February 25, 1980.


Attorney(s) appearing for the Case

Sidney Ainsworth, Ashland, argued the cause for appellants. With her on the brief were Jack Davis and Davis, Ainsworth, Pinnock & Davis, P.C., Ashland.

William G. Carter, Medford, argued the cause for respondents. With him on the brief was Grant, Ferguson & Carter, Medford.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


LEE, Judge.

This is a suit in equity in which plaintiffs, lessees, sought (1) rescission of a lease with an option to purchase agreement due to defendants' alleged misrepresentations and (2) a declaratory judgment ordering return of the money ($15,000) paid for the option to purchase the property. The court held in favor of defendants as to plaintiffs' first count (no misrepresentations) and held in favor of plaintiffs as to the second count (ordering return to the...

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