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LESHER v. STRID

(96-CV-0100; CA A99602)

996 P.2d 988 (2000)

165 Or. App. 34

Vernon H. LESHER and Janene R. Lesher, husband and wife, Respondents, v. Ethel STRID, successor trustee of the Strid Family Trust u/a/d January 29, 1990, Appellant.

Court of Appeals of Oregon.

Decided January 12, 2000.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellant. With him on the briefs was Swanson, Thomas & Coon.

Walter L. Cauble, Grants Pass, argued the cause for respondents. With him on the brief was Schultz, Salisbury, Cauble & Dole.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Defendant appeals from a judgment of the trial court granting plaintiff's request for rescission of a contract for the sale of real property. As relevant to this appeal, plaintiffs Vernon and Janene Lesher, purchasers of an 18-acre parcel of property in Josephine County (the subject property), sought rescission of the contract under theories of a mutual mistake of fact or an innocent misrepresentation of fact regarding the existence of water rights appurtenant...

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