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SALVAS v. McEUEN

E82-1615, E82-1565; CA A32057.

704 P.2d 1166 (1985)

75 Or.App. 21

Paul SALVAS, Respondent-Cross-Appellant, v. James E. McEuen and Evelyn P. McEuen, Husband and Wife, Appellants-Cross-Respondents. James E. McEuen and Evelyn P. McEuen, Husband and Wife, Appellants-Cross-Respondents, v. Paul Salvas, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided August 14, 1985.

Reconsideration Denied September 13, 1985.

Attorney(s) appearing for the Case

Doyle L. Schiffman, Roseburg, argued the cause and filed the briefs for appellants-cross-respondents.

William C. Wolke, Roseburg, argued the cause for respondent-cross-appellant. With him on the brief was Luoma, Kelley, Wolke, Mays & Pollaczek, Roseburg.

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

ROSSMAN, Judge.

Plaintiff,1 a buyer, sought rescission of a land sale contract. Defendants, the sellers, then brought a foreclosure action on the contract. The two actions were consolidated for trial. The parties stipulated that, if plaintiff did not prevail on his claim for rescission, defendants would be entitled to foreclosure. Thus, the only issue to be litigated was whether plaintiff was entitled to rescind the sale. The trial court...

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