Opinion
Submitted on briefs October 25, 1954
Affirmed December 22, 1954
Appeal from Circuit Court, Malheur County, M.A. BIGGS, Judge.
B.G. Skulason, Portland, filed a brief for appellant.
Max S. Taggart and E. Otis Smith, Ontario, filed a brief for respondents.
IN BANC
AFFIRMED.
Suit to rescind partnership agreement and lease involving a ranch in Malheur county on the grounds of fraud and deceit. The trial court found for plaintiffs. Defendant appeals.
We have carefully considered the record and briefs and are of the opinion that the cause of suit alleged was sustained by a great preponderance of the evidence. The one day's inspection of the premises by plaintiffs in midwinter would not apprize them of the true condition of the property in question.
The plaintiffs, on learning of the falsity of the representations, were not barred from maintaining this suit even though they had been guilty of a breach since they would have a legal right to repudiate the contract upon becoming aware of the misrepresentations. 5 Willston on Contracts, § 1526.
Affirmed.