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DAVENPORT v. VLACH

83-257-E; CA A34025.

726 P.2d 941 (1986)

81 Or. App. 553

Phyllis H. DAVENPORT and Virginia A. Anderson, Appellants, v. Eugene H. VLACH, Shirley M. Vlach, Elizabeth J. King and Claudell King, dba Village Realty, Respondents.

Court of Appeals of Oregon.

Decided October 15, 1986.

Attorney(s) appearing for the Case

William H. Ferguson, Medford, argued the cause for appellants. With him on the briefs were Daniel S. Ferguson and Grant, Ferguson, Carter, P.C., Medford.

Walter L. Cauble, Grants Pass, argued the cause for respondents Eugene H. Vlach and Shirley M. Vlach. With him on the brief was Schultz, Salisbury, Cauble & Medley, Grants Pass.

Daniel F. Hughes, Grants Pass, argued the cause for respondents Elizabeth J. King and Claudell King. With him on the brief was Brown, Hughes, Bird & Lane, Grants Pass.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Plaintiffs filed a complaint seeking rescission of their purchase of defendants Vlachs' real property on the basis of fraud. In the alternative, they sought damages for misrepresentation by the Vlachs' real estate agents, defendants King. The Vlachs counterclaimed for foreclosure of the trust deed. The parties agreed to bifurcate trial of the claims for rescission and for damages. After a trial to the court, judgment was entered dismissing plaintiffs...

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