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LUNDEN v. SMITH

No. 8240; CA 17691.

632 P.2d 1344 (1981)

53 Or.App. 776

Jack LUNDEN and Particia A. Lunden, Plaintiffs, v. LeRoy F. SMITH and Geraldine M. Smith, and Zalph Wilson, Dba Zalph Wilson Realty, Defendants. LeRoy F. SMITH and Geraldine M. Smith, Respondents, v. Zalph WILSON, Dba Zalph Wilson Realty, Appellant.

Court of Appeals of Oregon.

Decided September 8, 1981.

Attorney(s) appearing for the Case

Steven K. Blackhurst, Portland, argued the cause for appellant. With him on the briefs was Lindsay, Hart, Neil & Weigler, Portland.

Richard C. Bemis, Portland, argued the cause for respondents. With him on the brief was Wilford K. Carey, Hood River.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs brought this suit to rescind their purchase of a lighting fixture business. They contended that financial information furnished them as part of the sale negotiations was erroneous. The sellers (the Smiths) cross-complained against the real estate broker (Wilson) for restitution of his commission and claimed in separate counts that he wilfully or negligently participated in the preparation and communication of the erroneous information...

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