Sherrod v. Holzshuh

The complaint in this case joined a suit to rescind a contract for the purchase of a house with an action for damages under the Oregon Unlawful Trade Practices Act (ORS 646.605 et seq.) both based upon alleged misrepresentations by defendants, including both the sellers of the house and their real estate agent.

The case was tried before a jury. At the conclusion of the testimony the trial judge held that plaintiffs were entitled to a rescission of the transaction and then submitted to the jury plaintiffs’ claim for damages under the Act. The jury returned a verdict against defendants for $400…