Ying v. Lee

This case began as an action for fraud in connection with the sale of a restaurant; plaintiffs later added a claim for rescission. Defendant counterclaimed, seeking ejectment. Defendant appeals from the trial court’s decree allowing “rescission” after a finding that no contract existed between plaintiffs and defendant. Plaintiffs cross-appeal from the trial court’s allowing defendant $1,000 per month as the reasonable rental value of the premises. We affirm.

The restaurant is located in Woodburn. The evidence at trial showed that, despite several land sale contracts, the restaurant real…