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KLIMEK v. CONTINENTAL INS. CO.

Nos. 79-3861-L-2, 80-0537-NJ-2 and 80-1155-J-1; CA A20762.

645 P.2d 553 (1982)

Jerry KLIMEK and Twila Klimek, Respondents, v. THE CONTINENTAL INSURANCE COMPANY, Appellant. Raymond Zerr and Pearl Zerr, Plaintiffs, v. JERRY KLIMEK AND TWILA KLIMEK, Robert F.O. Burdett, Richard Gedymin, Calvin E. Smith and James Brannon, Defendants. Robert F.O. Burdett, Richard G. Gedymin, Calvin E. Smith, and James E. Brannon, Appellants, v. JERRY KLIMEK AND TWILA KLIMEK, Respondents.

Court of Appeals of Oregon.

Decided May 26, 1982.

Attorney(s) appearing for the Case

Donald H. Coulter, Grants Pass, argued the cause for appellants. With him on the briefs was Myrick, Coulter, Seagraves & Myrick, Grants Pass, and Lombard & King, Ashland.

John W. Eads, Jr., Medford, argued the cause for respondents. With him on the brief were David L. Moore, and Frohnmayer, Deatherage, deSchweinitz & Eads, Medford.

Before GILLETTE, P.J., JOSEPH, C.J., and ROBERTS, J. Pro Tem.

JOSEPH, Chief Judge.

These are appeals from judgments in favor of the sellers in a purchasers' action to rescind a timber sales contract and an action on the purchasers' performance bond.1 Plaintiffs (the purchasers) sued for rescission in three counts: (1) fraudulent misrepresentation, (2) mutual mistake of fact and (3) acceptance of the sellers' offer to rescind. The trial court granted a partial summary judgment in favor of defendants...

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