Lurie v. Schoenberg

This bill was filed to rescind an executory contract for the purchase of two lots on the ground that their location was misrepresented by the defendant. On the hearing, the circuit judge entered a decree in favor of the plaintiff. The defendant has appealed.

The controversy involves merely a question of fact. The defendant was the owner and subdivider of the subdivision in which the lots in question were located. The plaintiff says he made the purchase from a plat in defendant’s office; that defendant pointed to the lots on the plat and represented that they were corner lots; that he told…