Miller v. Noel

Plaintiffs brought an action at law1 to recover the full amount owing on a contract for the sale of plaintiffs’ doughnut business to defendants. Defendants brought an equitable counterclaim, seeking rescission of the contract based on plaintiffs’ alleged misrepresentation of the past profitability of the business. Defendants appeal the trial court’s denial of their request for rescission.

Defendants moved to Ashland, Oregon, in 1975, and sought, through Wilkerson, a real estate agent, a small business to own and operate jointly. Mr. Noel was previously a painting contractor. He also had owned…