Thomson v. Marks

SMITH, Justice.

Appellants (plaintiffs), purchasers under a contract entered into December 28, 1959, for the sale and purchase of real and personal property, brought this action March 13, 1961, for rescission of the contract and restoration of moneys paid on the purchase price and expended on the property. After a trial without a jury, the district court granted respondents’ (defendants’) motion for dismissal, and entered judgment dismissing the action with prejudice. Appellants have appealed from the judgment.

The contract required payment of an agreed purchase price of $12,000, payable…