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SOURSBY v. HAWKINS

TC 84-382-NJ-2, CA A38256, SC S34305.

763 P.2d 725 (1988)

307 Or. 79

Randall Craig SOURSBY and Deborah Kathleen Soursby, Husband and Wife, Respondents On Review, v. Kenneth L. HAWKINS and Kathleen E. Hawkins, Husband and Wife, Petitioners On Review, v. LEE THOMANN, Third Party Defendant, v. LAWYERS' TITLE INSURANCE CORP., a Virginia Corporation, Fourth Party Defendant.

Supreme Court of Oregon, In Banc.

Decided November 1, 1988.

Attorney(s) appearing for the Case

Doug S. Gard, Medford, argued the cause and filed the petition for Petitioners on Review.

Richard A. Stark, Medford, argued the cause for Respondents on Review.

CAMPBELL, Justice.

In this case we address whether the plaintiffs may rescind their purchase of undeveloped real property because the defendants' real estate agent innocently misrepresented that the property was suitable for residential purposes when zoning ordinances prohibited residential use of the property. The trial court granted the defendants' motion for summary judgment. The Court of Appeals reversed. Soursby v. Hawkins, 85 Or.App...

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