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MILLER v. SEARS

Nos. 4762, 4763.

636 P.2d 1183 (1981)

Eugene V. MILLER and Frances Miller, Appellants, Cross-Appellees, v. Dallas E. SEARS and Sara P. Sears, Personally, and Norlite, Inc., Appellees, Cross-Appellants.

Supreme Court of Alaska.

December 4, 1981.

Attorney(s) appearing for the Case

Charles D. Silvey, Merdes, Schaible, Staley & DeLisio, Inc., Fairbanks, for appellants/cross-appellees.

Joseph W. Sheehan, Fairbanks, for appellees/cross-appellants.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and COATS, Judge, Court of Appeals.

MATTHEWS, Justice.

In this case a judgment mandating rescission of a sale of real estate and ordering restitution was entered. Many claims of error are presented. We affirm that portion of the judgment requiring rescission, vacate the award of restitution, and costs, and remand for further proceedings.

FACTUAL AND PROCEDURAL SETTING

During February 1976, Eugene and Frances Miller decided to move from Alaska. Their house, where Mr. Miller also practiced...

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