Bergsten v. Erickson

The opinion of the court was delivered by

Smith, J.:

This was an action by a purchaser of real estate to rescind the contract of purchase and to recover $2,000 down payment on the purchase price of the real estate when the sellers were unable to convey it by a good and sufficient warranty deed. Judgment was for the plaintiff. Defendants appeal.

The petition filed March 1, 1940, alleged that about September 15, 1930, defendants contracted to sell the real estate in question to plaintiff for $3,000; that this amount was to be paid as follows: $2,000 in cash, which plaintiff paid to defendants on…