Nunez v. Nunez

REDMANN, Judge.

Plaintiff vendor and defendant purchasers (plaintiff’s brother-in-law and sister) agree that the $14,000 cash price recited in the deed plaintiff seeks to rescind (for nonpayment of price) was not paid, and that the cash price that was to be paid was $6,000 (or $6,500).

Defendants tell, however, an inherently improbable, though not impossible, story: some time before the deed was signed by the parties at different times at the notary’s office, they borrowed $6,000 in cash from one Joseph Lloyd Kanner and paid that $6,000 in cash to plaintiff without getting a receipt.…