Giomi v. Viotti

AGEE, J. pro tem. *

Defendants, husband and wife, appeal from a judgment recovered against them by plaintiff in an action brought to rescind a contract of sale of a partnership interest in a bakery. The purported appeal from an order denying defendants’ motion for a new trial is dismissed, such order being nonappealable.

In April, 1945, defendants and one Picenti bought the bakery for $4,400. In November, 1945, defendants returned to Picenti the $2,200 which he had put up and they thereupon became the sole owners.

In November, 1946, plaintiff contacted defendants. He told them that he knew…