HARRIS v. VOLZ

89C-10396; CA A65028.

806 P.2d 691 (1991)

106 Or. App. 188

James E. HARRIS, Appellant, v. Walter E. VOLZ, Melva Thacker, and Harry L. Volz, Respondents.

Court of Appeals of Oregon.

Decided: March 6, 1991.


Attorney(s) appearing for the Case

Dale L. Crandall, Salem, argued the cause and filed the briefs for appellant.

Thomas J. Sullivan, Tigard, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Plaintiff brought this action for specific performance of, and, alternatively, for breach of a contract, under which he was the purchaser of real property from defendants. Defendants interposed affirmative defenses, including that they were entitled to rescind the contract because of misrepresentations by the real estate broker. Both sides moved for summary judgment. The trial court granted defendants' motion and denied plaintiff's. Plaintiff...

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