Swengel v. Bruun

Petition for rehearing denied May 26, 1931

On Petition for Rehearing

(299 P. 332)

RAND, J.

Upon petition for rehearing, plaintiff contends that this court erred in its former opinion in not requiring the defendant Bruun, as well as the Multnomah Realty Brokers, Inc., to make restitution of the moneys paid out by plaintiff under her contract. She says that the rule followed in Sharkey v. The Burlingame Co., 131 Or. 185 (282 P. 546), should have been applied and that under the doctrine of that case she was entitled to a decree against both defendants for the restitution of the money. That would be…