Bowers v. Edwards

*385OPINION

By the Court,

McNamee, J.:

Bowers entered into a contract to purchase from Edwards the Broiler Pit Cafe, in Reno, for $10,000. He paid Edwards $7,000 in cash and gave his promissory note in the sum of $3,000 payable in six months *386for the balance. The sale involved the stock in trade, fixtures, good will, and the assignment of Edwards’ lease. Bowers took possession and operated the restaurant until the note became due. In response to the demand for payment Bowers surrendered the premises to Edwards including the stock in trade and fixtures and notified Edwards he rescinded the contract.…