Hay v. Pacific Tastee Freez, Inc.

McAllister, j.

The plaintiffs, Mr. and Mrs. Arthur D. Hay, brought this suit for rescission of a franchise agreement entered into with the defendant Pacific Tastee Freez, Inc. The defendant, Harold H. McMurray, was a vice president of Tastee Freez in charge of its operations in Oregon. After a trial the court found for defendants and entered a decree dismissing plaintiffs’ suit. Plaintiffs have appealed.

The principal issues are (1) whether defendants misrepresented the business to plaintiffs; (2) whether plaintiffs promptly sought rescission after learning of the alleged misrepresentations;…