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DAUGHERTY v. YOUNG

No. 39248; CA 15732.

615 P.2d 341 (1980)

47 Or.App. 585

Mary E. DAUGHERTY, Respondent, v. Donald L. YOUNG, Sr., Appellant.

Court of Appeals of Oregon.

Decided August 4, 1980.

Attorney(s) appearing for the Case

James M. Gillis, Newport, argued the cause for appellant. With him on the briefs was Litchfield, MacPherson, Carstens & Gillis, Newport.

Mark R. Malco, Newport, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

Defendant appeals from the decree rescinding a residential land sale contract between him as seller and plaintiff as buyer. The issue on appeal is whether the decree of rescission restored the parties, as nearly as possible, to their situation prior to the transaction. See Bodenhamer v. Patterson, 278 Or. 367, 376, 563 P.2d 1212 (1977); LeTrace v. Elms,

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