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GEARHART v. GOEHNER

21-060; CA A29958.

701 P.2d 461 (1985)

74 Or.App. 95

Dale E. GEARHART, Appellant, v. Martin GOEHNER and Ella Goehner, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided June 5, 1985.

Attorney(s) appearing for the Case

Magar E. Magar, Portland, argued the cause and filed the briefs for appellant.

Timothy J. Murphy, and Walter H. Grebe, Portland, argued the cause for respondents. With Walter H. Grebe on the brief were Grebe, Gross, Peek, Osborne & Dagle, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiff brought this action seeking specific performance of an installment land sale contract. Defendant Martin Goehner filed a counterclaim seeking rescission on the ground of misrepresentation.1 The trial court entered a judgment allowing rescission and restitution, and plaintiff appeals. On de novo review, we modify the judgment.

On August 17, 1980, plaintiff and defendant entered into an earnest money...

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