Walton Et Ux v. Denhart Et Ux

The plaintiffs brought this suit to rescind a contract to purchase a house being constructed by the defendants. The plaintiffs alleged, as grounds for the rescission, a breach of contract and fraud. The trial court entered a decree denying rescission and the plaintiffs appeal.

There is no evidence of fraud by the defendants which induced the plaintiffs to enter into the agreement. The record shows the plaintiffs were interested in purchasing a new home; the defendant was at this time in the process of constructing a residence in a section of east Portland; the plaintiffs contacted the…