WEST v. GEORGI

85-5-312; CA A 42645.

756 P.2d 61 (1988)

91 Or.App. 566

Randy WEST and Darlene West, Husband and Wife, Respondents, v. Norman J. GEORGI and Carol Jean Georgi, Appellants, and Robert Schuster, Bill Upton, Schuster and Associates, an Oregon Corporation, Defendants. Randy West and Darlene West, Husband and Wife, Plaintiffs, v. Norman J. Georgi and Carol Jean Georgi, Respondents, Robert Schuster and Schuster and Associates, an Oregon Corporation, Appellants, and Bill Upton, Defendant.

Court of Appeals of Oregon.

Reconsideration Denied August 26, 1988.

Decided June 22, 1988.


Attorney(s) appearing for the Case

Michael D. Walsh, West Linn, argued the cause and filed the briefs for appellants-respondents Norman J. Georgi and Carol Jean Georgi.

James R. Schaller, Lake Oswego, argued the cause and filed the briefs for appellants Robert Schuster and Schuster and Associates.

Jerome L. Noble, Portland, argued the cause for respondents Randy West and Darlene West. With him on the brief was Steven Allen Smith, Portland.

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


WARDEN, Presiding Judge.

Plaintiffs brought this action against defendants Norman and Carol Jean Georgi (the Georgis) and Schuster, Upton and Schuster and Associates (realtors) to rescind a land sale contract, alleging that defendants had misrepresented the boundaries and the acreage of the property.1 The Georgis counterclaimed for the balance due under the contract and cross-claimed against realtors for recovery of the commission paid...

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