Owens v. Smith

STURGIS, Acting Chief Judge.

The appellees, plaintiffs below, brought this suit against appellants, defendants below, for rescission of a conveyance of real property, cancellation of the deed issued in the premises, refund of the purchase money paid by plaintiffs to defendants, and recoupment of the cost of permanent improvements allegedly placed on the property.

On the evidence adduced by the parties the chancellor held, as a matter of law, that defendants were liable in damages to plaintiffs for failing to disclose the existence of pipe clay under or around parts of the foundation of a…