Crist v. Fife

This suit is one for the rescission of a contract for the purchase of certain residence property, the cancellation of a note and mortgage given as part payment therefor, and the recovery of money paid thereon.

The complaint charged that respondents had falsely and knowingly and with intent to deceive appellants represented that the title to the property was free and clear of all encumbrances of every kind, and that appellants relied upon these representations, whereas there were in fact certain building restrictions against the property. The trial court found that the claimed representations…