Pace v. Edgemont Investment Co.

The trial court found that the allegations of the complaint were not sustained by the evidence. In this finding we fully concur.

The plaintiffs did not allege or prove that they sustained any pecuniary loss or injury on account of the transaction. There is no proof submitted to the effect that the fair market value of the lot purchased by plaintiffs was less than the agreed purchase price. See Cameron v. Edgemont Investment Co., 136 Or. 385 (299 P. 698), in which a similar case is discussed.

In a suit for rescission, based on fraud, plaintiffs must allege and prove that they suffered damage or…