Duke v. Pickett

Opinion by

Mr. Justice Day.

In an action to rescind a sales transaction consummated through a trade of assets between the litigating parties, the trial court held that the plaintiffs — they are plaintiffs in error here — “did not sustain their burden of proof in the necessary elements in a fraud false representation action.” Our resolution of this writ of error hinges on whether the lower court misapprehended the legal effect of the uncontroverted evidence and thus failed to apply the law to the facts. We hold that the court erred.

Plaintiffs — the Dukes —■ transferred a mobilehome court they…