Marshall v. Campbell

This is an action by the vendors to rescind a contract for the sale of real property. From a decree canceling the contract and forfeiting the payments made on the purchase price, defendants (vendees) appeal.

The property, the subject of the contract, consists of two lots, upon one of which is situated a repair garage and a service station with the usual equipment, storage tank, hydraulic jack, air compressor, and so forth. The contract recites that the “-full purchase price [is] four thousand dollars.” One thousand dollars was paid upon the execution of the contract October 28, 1939. The…