BILLINGS v. GARDNER

16847; CA A35676.

745 P.2d 792 (1987)

88 Or.App. 370

G.R. BILLINGS, Respondent, v. Larry GARDNER, Dba Hill Farm Supply and Hidden Hollow Farm, Appellant.

Court of Appeals of Oregon.

Decided November 25, 1987.


Attorney(s) appearing for the Case

James M. Habberstad and Dick & Dick, The Dalles, filed the brief for appellant.

Ronald M. Somers, The Dalles, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


RICHARDSON, Presiding Judge.

Plaintiff brought this action to recover the down payment that he made under an oral contract for the purchase of defendant's business. Plaintiff contended that the parties "mutually rescinded" the contract. Defendant counterclaimed, contending that the parties had not terminated the contract and seeking, inter alia, the unpaid balance of the purchase price. The trial court found for plaintiff and awarded him damages in the amount...

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