Bergstrom v. Moore

DURHAM, Justice.

The appellants seek reversal of an order granting summary judgment to the respondent in his action for rescission of a Uniform Real Estate Contract. The issue is whether appellants’ failure to except certain easements from the property description in the warranty deed, placed in escrow pursuant to the Uniform Real Estate Contract, gave respondent the right to rescind as a matter of law. We affirm.

The following material facts were established before the trial court. In July 1981, the parties entered into a Uniform Real Estate Contract and the appellants (the sellers) deposited…