Soursby v. Hawkins

Plaintiffs appeal from a summary judgment in their action to rescind a contract to purchase real property from defendants.1 We reverse.

In February, 1977, plaintiffs, who were California residents, purchased approximately 10 acres of undeveloped real property in Jackson County from defendants. Access to the property was over a private road. Plaintiffs had told defendants that they planned to retire in Oregon and build a home on the property. Defendants orally represented to them that the property “was suitable for residential purposes.” The parties executed an earnest money agreement which…