The opinion
Argued and submitted May 29, 1945.
REVERSED AND REMANDED.
Suit by vendor, plaintiff, to rescind an agreement for the sale of real property in Multnomah County, Oregon. Vendee, defendant, interposes a claim for damages, because of alleged fraudulent misrepresentations by vendor and prays for a dismissal of plaintiff's complaint, for judgment against plaintiff in the sum of $5,500.00 and costs and for general relief.
From a decree rescinding said agreement and also rescinding and declaring null and void a transfer from defendant to plaintiff of certain real property in Clackamas County, which constituted the initial payment upon the purchase price of said Multnomah County property, and directing a method of settling the respective claims and to the rental collected by defendant and expenditures by defendant for repairs and additions to the property in suit, defendant appeals