Oregon Supreme Court April 26, 1972 (Ruegsegger v. McCarley)

TONGUE, J.

This is an action for damages and restitution by the purchasers of a house against the builder-seller of the house, who failed to convey clear title. As a

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result, the purchaser was required to pay off a construction mortgage with a balance of $19,395.73, in addition to payment of the purchase price in full in the sum of $23,866.