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EGETER v. WEST AND NORTH PROPERTIES

83-134CV-1; CA A43344.

758 P.2d 361 (1988)

92 Or.App. 118

Steven R. EGETER and Linda M. Egeter, Husband and Wife, and Ruth V. Egeter, Respondents, v. WEST AND NORTH PROPERTIES, Oregon Ltd., a Limited Partnership, and Patrick Gisler, General Partner, Appellants, and Cameron Cliff and Jane Doe Cliff, Husband and Wife, Defendants.

Court of Appeals of Oregon.

Decided July 13, 1988.

Attorney(s) appearing for the Case

Gerald A. Martin, Bend, argued the cause for appellants. With him on the briefs was Francis & Martin, Bend.

Claud Ingram, Eugene, argued the cause for respondents. With him on the brief was Bick & Monte, P.C., Eugene.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

Defendant West and North Properties (West) appeals from a judgment declaring that defendants Cliff have an easement over the parcel of property which plaintiffs purchased from West and also rescinding plaintiffs' land sale contract for that parcel. The issues are whether the easement constitutes an encumbrance sufficient to allow rescission and whether plaintiffs delayed too long in seeking to rescind. On de novo review, ORS 19.125(3)...

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