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HO v. PRESBYTERIAN CHURCH OF LAURELHURST

8912-07667; CA A68754.

840 P.2d 1340 (1992)

116 Or. App. 115

Ying Loi HO and Tony Ying-Hoo Ho, Respondents-Cross-Appellants, v. PRESBYTERIAN CHURCH OF LAURELHURST, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided November 4, 1992.

Reconsideration Denied December 16, 1992.

Review Denied January 26, 1993.

Attorney(s) appearing for the Case

John Folawn, Portland, argued the cause, for appellant-cross-respondent. With him on the briefs, were Martin W. Jaqua and Holmes & Folawn and Thomas W. McPherson and Rankin, Mersereau, Portland.

David R. Nepom, Portland, argued the cause and filed the brief, for respondents-cross-appellants.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Plaintiffs are the vendee under a land sale contract and his assignee. They brought this action for rescission of the contract after a declaration of forfeiture by defendant vendor. Defendant appeals from a judgment for plaintiffs. The claim for rescission is equitable, and we review de novo. Gardner v. Meiling, 280 Or. 665, 671, 572 P.2d 1012 (1977).

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