Eberhart v. Lind

This is an action to rescind a real estate contract and the subsequent assignment thereof to plaintiff, as vendee, and to recover the purchase price paid thereon. Demurrers to the second amended complaint having been sustained, and plaintiff having elected to stand on his pleading, a judgment of dismissal was entered, from which plaintiff appeals.

According to the complaint as finally amended and the exhibits thereto attached, on which we must rely for a statement of the facts, respondents Rosaia were, on May 2, 1930, the owners of two lots of ground located in the vicinity of what is referred…