DOHR v. MARQUARDT

83-0915C; CA A30713.

694 P.2d 576 (1985)

71 Or.App. 765

Nick M. DOHR and Catherine E. Dohr, Husband and Wife, Appellants, v. James MARQUARDT and Elizabeth Tilbury, Respondents.

Court of Appeals of Oregon.

Decided January 23, 1985.


Attorney(s) appearing for the Case

Elliott Lynn, Beaverton, argued the cause and filed the brief for appellants.

Roger Tilbury, Portland, argued the cause and filed the brief for respondents.

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


WARREN, Judge.

In an earlier action between these parties, defendants sued to rescind a real estate contract in which they were purchasers. Plaintiffs, the sellers, raised affirmative defenses and counterclaims. Defendants moved for and were granted a partial summary judgment that they were entitled to rescind the contract but reserving the issue of damages for future determination. An appeal by the sellers from that partial summary judgment was dismissed by this...

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