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SANO v. BJELLAND

87-C-10516; CA A50952.

796 P.2d 1240 (1990)

103 Or.App. 246

Lawrence N. SANO and Glenda A. Sano, Husband and Wife, Appellants, v. Richard J. BJELLAND and Grace Village Associates, an Oregon Limited Partnership, Respondents.

Court of Appeals of Oregon.

Decided September 5, 1990.

Attorney(s) appearing for the Case

Andrew P. Ositis, Salem, argued the cause and filed the brief, for appellants.

Michael S. Evans, Portland, argued the cause, for respondent Richard J. Bjelland. With him on the brief were Gary I. Grenley and Grenley, Rotenberg, Laskowski, Evans & Bragg, P.C., Portland.

No appearance, for respondent Grace Village Associates.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs appeal from a judgment for defendants in this action for securities fraud in which they sought recovery of the amount of their investment and cancellation of their promissory note given to defendants as a part of the purchase price for the securities. Although the remedy of cancellation is an equitable one, the material facts are not disputed; it is the legal effect of those facts that is raised on appeal. Therefore, we review...

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