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MARIAH INVESTMENTS, LTD. v. McCABE

(9505-03653, 9509-06229; CA A95435 (Control), A95436, A95437).

986 P.2d 1209 (1999)

163 Or. App. 91

MARIAH INVESTMENTS, LTD., an Oregon corporation, Respondent, v. Douglas McCABE, Appellant. Douglas McCabe, Third-Party Plaintiff, v. Ray White and Thelma White, Third-Party Defendants. Tina Lacheryl Wright, Respondent, v. Douglas W. McCabe, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted April 14, 1999.

Decided September 22, 1999.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were Ridgway K. Foley, Jr., P.C., Greene & Markley, P.C., Kennedy Bowles, P.C., and Michael D. Kennedy, Portland.

Darleen Darnall, Portland, argued the cause for respondent Tina LaCheryl Wright. With her on the brief were Dennis M. Paterson and Davis Wright Tremaine, Portland.

No appearance by respondent Mariah Investments, Ltd.

Before DEITS, Chief Judge, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER and BREWER, Judges.

Resubmitted En Banc April 14, 1999.

PER CURIAM.

At issue in these consolidated cases is the ownership of a residence in Portland. Plaintiff Tina Wright sold the property to defendant Douglas McCabe for a purchase price of $5,000. Wright, however, contends that she was mistaken as to the existence of property taxes owed on the property, as well as to the value and condition of the property. Wright seeks to rescind her sale to McCabe. Before that transaction...

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