Myers v. MHI Investments, Inc.

Defendant appeals from the trial court’s order allowing general damages, rescission, and punitive damages after a finding of fraud and violation of the Unfair Trade Practices Act, ORS 646.605 et seq. We reverse.

Plaintiffs, husband and wife, sued defendants MHI Investments and Zeeb, the corporate president and an employee, for misrepresentation in the sale of a mobile home. Also named as defendants were the original owners of the home, the Clarks. Plaintiffs alleged that during the course of the sale, MHI and Zeeb represented:

"1. To plaintiffs that defendants MHI Investments, Inc. and Stanley…