Briggs v. Buzzell

Lees, C.

This is an action for rescission of a contract for the purchase of a motion picture theater near the State University. The plaintiffs were defeated and have appealed from the judgment. The jury’s determination of certain specific issues was adopted by the court, with additional findings which would entitle plaintiffs to judgment, save for the court’s finding of laches. The sole question presented is whether this particular finding can be sustained.

The contract of purchase is dated August 3, 1921. The purchase price was $34,500, of which $10,000 was paid in money and prop erty when the…