Podlasky v. Price

Having executed a writing which bound her to purchase an eight-unit apartment building in Beverly Hills for the sum of $67,500 from defendants Bearce, plaintiff effected a mutual rescission of the agreement of sale. This action was instituted by her for the purpose of enforcing her rescission of (1) the contract of purchase and (2) the compromise and release from that contract. The resulting decree *155having adjudged the rescission, defendants demand a reversal thereof on the grounds (1) that the attempt to rescind the contract of purchase was a nullity, the same having been already mutually…