Furtado v. Gemmell

SCHWAB, J. (Pro Tempore).

This is an appeal by the plaintiffs from a decree of the circuit court which dismissed their suit for the rescission of a contract of sale whereby they undertook the purchase from the defendants of a machine shop business in Echo, Oregon. The complaint sought the desired relief upon charges of false representations.

On June 28, 1961, Mr. Gemmell listed the machine shop property for sale at a price of $14,800 with Ted Vaughn, a salesman for the Strout Realty organization. The listing agreement recited that the gross receipts for the twelve-month period preceding the…